5.0 EDGEWATER USE RESTRICTIONS

The Edgewater Residential Use Restrictions are in place to ensure that all privately owned properties are used in a manner which will enhance the enjoyment of all members of the community. The use restrictions currently in place are derived from the Declaration of Covenants which defines a set of basic restrictions, and charges the Board of Directors with the responsibility for interpreting, modifying and revising these restrictions as the community grows and matures. The Covenants Committee is charged with the responsibility for enforcing the restrictions and making recommendations regarding modifications and additions to the restrictions.

See Section 6.0 for enforcement provisions. Note that since it is impossible to cover every contingency, in cases not specifically covered the Covenants Committee is required to make judgments based on their interpretation of the intent of the Declaration. All enforcement decisions may be appealed to the Board of Directors.

In the following sections the current restrictions, which have evolved since association formation, are explained. Where possible, rationale is provided for the restrictions as well as background into how they relate to the Declaration of Covenants and how they have evolved since the association began. The use restrictions will be discussed in three categories:

1. Requirements for residential use.

2. Requirements for maintenance and repair.

3. Restrictions on interactive use.

[Under Section 5.2]

LAWN ESTABLISHMENT AND MAINTENANCE Well established and maintained lawns, shrubbery, and flower garden areas are essential to neighborhood appearance and property values. Residents are required to establish and maintain their lawns according to the following guidelines:

Lawns must be mowed regularly, the frequency depending on the species of grass and the season. In addition, maintenance should include:

* Edging along the curbs and driveways

* Removal of debris from the sidewalks and curb areas

* Removal of weeds in lawns and planting beds

* Pruning of shrubs and trees

* Prompt removal of dead plants, shrubs and trees

* Shrubs or obstructions within the resident’s property, or planted next to mailboxes, shall not overhang or protrude onto the sidewalk.

Vacant lots are required to be kept free of weeds and brush which create unpleasant or unsafe conditions for neighboring residents. Lots which are clear and sufficiently level must be mowed entirely so that weeds do not exceed 8 inches in height. Lots which are rocky, uneven, and tree covered must be cleared and mowed to the extent of covering the utility easement, or at least 10 feet from property line of adjacent completed residence.

5.3 INTERACTIVE USAGE RESTRICTION

This category of regulation applies to activities of residents which can have a negative impact on neighboring residents if not prohibited or controlled. This category includes the regulation of vehicle use, animals and pets, and other activities of potential disruption to a neighborhood area.

VEHICLE USE AND PARKING The restrictions on vehicle use are intended to protect the residents from disturbance from loud or unsafe use of powered vehicles, and to avoid visual distraction that can result from parking or storing vehicles in the street or on residents’ or community property.

The Declaration of Covenants established initial parking restrictions, some addressing automobiles and other regularly used vehicles and recreational vehicles, such as motor homes and all terrain vehicles, towed vehicles such as campers, trailers, boat trailers, and small powered scooters, go carts, golf carts, etc. The intention, in all cases, is to avoid the cluttered appearance resulting from vehicles located in the street or driveways. For this reason, the restrictions have been refined and expanded to be more explicit as defined below.

*Homeowner automobiles may not be parked in the street overnight. Any automobiles parked in the street must be parked parallel to the curb.

*The Declaration of Protective Covenants requires that all automobiles be parked in an acceptable parking area and it defines that area as garage space. However, it has been necessary to expand the definition of parking area to include the driveway. In the case of guests visiting residents, enforcement of violations of visitors will be against the residents being visited.

*Vehicles may not block or partially block the sidewalk.

*Automobiles and other vehicles may not be parked on Edgewater Drive except during special events. Daylight parking on the circle in the boat ramp area is permitted.

*Automobiles and other vehicles may not be parked on or alongside the boat ramp except when the boat is being launched or on the water.

*Recreational and towed vehicles may not be stored in the Edgewater Community except in a garage or completely screened area. Since privacy fences are limited to a height of 6 feet, vehicles of greater height would not be completely screened.

In order to permit recreational vehicle owners to prepare for trips, such vehicles are allowed to be parked in the community for up to 48 hours prior to and after using that vehicle, providing they meet the legal size restrictions according to the city’s codes and do not block traffic.

Short-term guests of Edgewater residents may park vehicles on the streets providing the vehicle is not located where it could obscure the view, obstruct traffic, or block the entranceway of a residence. If guests plan to remain more than two days, a non-renewable one-week guest pass is obtainable from the clubhouse. Guests who remain more than 1 week are required to arrange for vehicle parking in approved off-street areas. Guests with RV's may park in the street for up to 7 days if the aforementioned guest pass is obtained from the clubhouse. Such temporarily street-parked RV's may not be used for overnight camping or for sleeping quarters during the visit.

Smaller powered vehicles such as motorcycles, mini bikes, all-terrain vehicles, powered scooters, go-carts, or golf carts may not be operated on sidewalks, recreational pathways, or lawns of private or association properties, except those specifically exempted by the EOA, such as maintenance vehicles. Exceptions are made for powered wheelchairs or scooters designed for the disabled and the EOA security/maintenance vehicle.

All vehicles operated in the Edgewater community must be operated in a safe and considerate manner in compliance with all local speed limits and other traffic laws. Operation in a noisy manner or without a muffler is strictly prohibited.