Stone Mill Falls, Inc. Architectural Guidelines, Property Standards

And

Rules & Regulations

October 2017

THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE

AMERICAN FLAG AND POLITICAL SIGNS.

Introduction

Whether you are an original owner of a home in Stonemill Falls or you are a second or third owner, WELCOME to the community. Stonemill Falls is an exciting and vibrant place in which to live and the people here wish to make it an even better place to call home through their continuing efforts to protect, maintain, and enhance their property values. Stonemill Falls is a type of residential subdivision known as a deed-restricted community. This means that the underlying property was site-planned, designed, and approved as a self-contained community which would have its own set of covenants, conditions, and restrictions (“Declaration”) and an order of governance (“By-laws”) under which all property Owners would live and abide and which would provide for the maintenance of all common properties and improvements thereon (see your Declaration of Covenants, Conditions, and Restrictions documents). Covenants, conditions, and restrictions were set so that the aesthetics, congruity, appearance, safety, etc., would be defined and written guidelines would be promulgated (e.g. this handbook) in order to create an environment where approximately 161 homeowners could live in relative harmony. Each homeowner would then have some degree of assurance that the actions of other members of the community would be directed so as not to adversely impact their quiet enjoyment or property values (e.g. painting one's home bright orange; abandoning cars in the street or driveway; the keeping/breeding of vicious pets; unkempt yards, etc.). In effect, Stonemill Falls, when built out and under homeowner control, will be analogous to a "mini city" where there is a mayor (Board President), a city council (Board of Directors), a city manager (Property Manager), advisors (Committee Members), and citizens (Homeowners). The ultimate intent, then, is to create a community where homeowners look after their home and hearth and, ultimately, their investment through active participation in the governance of the community and through serving on committees which advise its appointed or elected leaders. A well-run community makes for a pleasant community in which to live. This booklet does not supersede the Declaration, but rather it expands upon the intent of the Declaration by setting forth those guidelines and procedures under which an application for approval for changes to the exterior of your home or yard can be reviewed and acted upon [all exterior changes must come before the Architectural Committee (“AC”), as per the Declaration, including any that are not covered in this

booklet]. Please read on and familiarize yourself with the information contained herein.

➢CREATION OF AN ARCHITECTURAL COMMITTEE At all times prior to the sale and transfer of legal title to a Dwelling Unit constructed on a Lot in

Stonemill Falls, Declarant shall have the sole and absolute right to determine the style and appearance of

the initial construction of the Dwelling Unit, accessory buildings (if any), fences, walls, lawn decorations,

structures of any type, grading, landscaping and any other improvements to be built or constructed on any

lot (hereinafter individually and collectively referred to as “Lot Improvements”).

(The following is excerpted from the Declaration of Covenants, Conditions, and Restrictions for Stonemill Falls)

After occupancy of the Dwelling constructed on a Lot pursuant to a certificate of occupancy or

other certificate issued by the appropriate governmental entity, no building, fence, sign (including unit

identification signs), wall or other structure (including play equipment) shall be commenced,

constructed, erected or maintained upon a Lot, nor shall any exterior addition to or change or

alteration thereof be made, nor shall a building permit for such improvement or change be applied for

or obtained, nor shall any major landscaping or re-landscaping be commenced or made (such

construction, alteration and landscaping are hereinafter referred to as the “Improvements”) until plans and

specifications showing the nature, kind, shape, heights, materials, color and location of same shall have

been submitted to and approved in writing by the Declarant.

➢PURPOSE OF THE ARCHITECTURAL COMMITTEE

The primary purpose of the Declaration of Covenants, Conditions, and Restrictions and the foremost consideration in the origin of them has been the creation of a community that is aesthetically pleasing and functionally convenient. The establishment of certain objective standards relating to design, size and location of dwellings and other structures makes it possible to take advantage of the individual characteristics of each parcel of property and adds to the overall aesthetics of Stonemill Falls. In order to implement the purposes of these covenants, the Declarant (the developer) may establish and amend from time to time objective standards and guidelines, including, but not limited to, Architectural Standard and Construction Specifications, Uniform Sign Regulations, Landscape Guidelines, and Environmental Rules and Regulations as defined hereinafter, and which shall be binding on all property Owners within the Stonemill Falls subdivision.

➢PROCEDURES

In the event the AC fails to approve or disapprove, in writing, a valid application within forty-five (45) days after its submission in accordance with adopted procedures, approval will be deemed granted. If the AC denies a request from a valid application or the AC’s decision is adverse to the applicant’s request, the applicant may appeal the AC’s decision to the Association's Board of Directors, who may sustain, reverse, or modify such decision.

➢GUIDELINES Declarant and, after the Declarant no longer owns any Lot within the subdivision, the Association, shall have the right to promulgate and from time to time amend written architectural standards and construction specifications (hereinafter the “Architectural Guidelines”) which may establish, define and expressly limit the standards and specifications which will be approved, including, but not limited to , architectural style, exterior color or finish, roofing material, siding material, driveway material, landscape design, fencing height and materials, and construction technique. Neither the Association nor the AC shall approve any Lot improvements which it determines, in its discretion, not to be in harmony of external design, construction and/or location in relation to the surrounding structures, topography or general plan of development of the Community or to be in violation of the applicable Architectural Guidelines.

Disclaimer The Association, Declarant, Architectural Committee, or any officer, employee, agent, director or member thereof shall not be liable for damages to any person(s) submitting plans and specifications for approval by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval, disapproval or failure to approval any plans and specifications. Every person who submits plans and specifications for approval agrees, by submission of such plans and specifications, that he will not bring any action or suit against the Association, Declarant, or Architectural Committee to

recover any such damages

ARCHITECTURAL REVIEW APPLICATION INSTRUCTIONS

STEP 1. Prior to any exterior alteration, addition or improvement for which approval of the AC is required pursuant to the Declaration and these Guidelines, the Lot Owner (and not a contractor or third party) must complete a Request for Architectural Approval form (the “Application”). This form may be obtained from the Association’s management company’s website (or copied directly from this handbook) and used for making an application to the AC.

The ACC will require a set of modification plans in addition to the submission of an application. The preferred methods of receipt are: Uploading the architectural request (pdf or word format) form and all supporting documents (pdf, word, or jpeg images) on-line by accessing your HOA web portal at www.elite-mgmt.com, entering your user id and password, then select “Architectural Control” or 2) via email to: katelynbachman@elite-mgmt.com. If uploading at the web portal or the e-mail options are not feasible, the application and plans and supporting documents should be submitted to the following address: Elite Management Professionals, Inc., 4112 Blue Ridge Road Suite 100, Raleigh NC 27612. FAX: 919-233-7661. Do not fax if the AC needs to review colors.

Written approval from the AC must be obtained prior to the commencement of any exterior alteration, modification, or improvement. Any project started prior to written approval by the AC will be subject to removal at the Lot Owner’s expense.

STEP 2. The Application must be fully completed, together with any and all supporting documents that are required by either the Declaration or by the Architectural Guidelines of the AC, and returned to the Management Company at the address shown above.

STEP 3. Management Company will then notify the homeowner via email if additional information is required before the application can be submitted to the AC or if the application has been placed under review. If additional information is required, homeowner must then address those items on his/her application and resubmit the request to the Management Company. The forty-five (45)-day time period for the AC to act upon an application shall not begin until an application is deemed fully complete by the AC.

STEP 4. Completed Applications that are received by the Management Company will be forwarded to the AC to be considered and acted upon within forty-five (45) days of valid receipt.

STEP 5. The AC may (i) approve an Application as submitted; (ii) conditionally approve an Application and state such conditions for approval; (iii) deny an application and state such reasons for denial; or (iv) return an Application and request additional information from the Lot owner regarding the project for which approval is sought. The AC's decision on an Application and the date of that decision shall be stated in writing either on the Application or in a separate document that refers to the Application.

STEP 6. Upon its receipt of the AC's decision on an application, the Management Company will inform the Lot Owner of the AC decision within three (3) business days of the AC’s written decision.

STEP 7. A Lot owner who is not satisfied with the AC's decision on an application may (i) submit another, different application in which case the application process begins again, or (ii) appeal the AC's decision as provided below.

STEP 8. In order to appeal the AC's action on the application, the Lot Owner must submit to the Management Company, within thirty (30) days of the date that the decision is forwarded to the Lot Owner, a written appeal which encloses a copy of the application and the AC's decision thereon and which sets forth the basis for the Lot Owner's appeal. The Management Company will record the date the appeal is received by it. Appeals that are received by the Management Company will be considered by the Board of Directors of the Association at its next regular meeting. STEP 9. In the event of a conflict between these Guidelines and the Declaration, the Declaration shall prevail and take precedence

VIOLATIONS & ENFORCEMENT

Deterioration If at any time the Board of Directors is made aware of a property that has deteriorated to the point that it is affecting the aesthetics and/or safety of the community, the AC will be requested to make a site inspection. The AC will then make a recommendation for action to the Board of Directors. Based on the severity of the deterioration, the homeowner will be given a specified period of time in which to make the necessary repairs. If, after that time, the repairs have not been effected to the satisfaction of the Board, the Board has the obligation of enforcement as described in the Declaration of Covenants, Conditions and Restrictions for Colvin Owner’s Association, Inc. Enforcement includes, but is not limited to, fines levied against the property. The Board had the right to hire a contractor to enter onto the property with prior notice to the Owner and remove the violation at the owner’s sole expense. Unpaid fines and costs to rectify a violation can become a lien against the property. Enforcement, Due Process Hearings, Fines & Fees Any construction, alteration, or other work done in violation of these Guidelines or the DCCR, shall be deemed to be nonconforming. Upon written request from the Board or the ACC, Owners shall, at their own cost and expense, remove such construction, alteration, or other work and shall restore the land to substantially the same condition as existed prior to the construction, alteration, or other work When a violation is determined to have occurred, the following steps shall be taken:

1. The ACC will investigate any reported violation and attempt to bring the owner into compliance. Homeowners will be notified in writing of the violation and are expected to bring the violation into compliance within thirty (30) days.

2. Should the owner fail to act upon the recommendations for corrections, the ACC shall submit the matter to the Board.

3. The homeowner shall be invited to hearing with the Board where the homeowner will have opportunity to be heard and present evidence. Failure to appear shall result in a fine, which will begin to accrue five (5) days after the date of the hearing. However, if the violation is brought back into compliance prior to the hearing, no hearing would be necessary.

4. After the hearing, the Board shall respond to the homeowner with a decision. Any penalties or costs relating to the violation (and the date from which the accrual shall begin, which will be no sooner than 5 days after the hearing date) shall be noted in the letter from the Board

5. Fines will be levied on a daily basis, up to $100 per day, per violation, until the violation is rectified. The North Carolina Community Act effective in January 2006 allows planned residential communities the ability to fine at a minimum up to $100/day to uphold standards that will protect and insure homeowners of maintained property values, with regard to holding all property owners accountable for abiding by the existing covenants.

Fees associated with enforcement. Should an Owner fail to remove and restore as required hereunder, the Board or its designees shall have the right to enter the property, remove the violation and restore he property to substantially the same condition as existed prior to the construction, alteration or other work. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the nonconforming Lot and collected as a special assessment. In addition, the Board shall have the authority and standing, on behalf of the Association to pursue all legal and equitable remedies available to enforce the provisions of the DCCR and Architectural Guidelines and the decisions of the ACC.

Architectural Guidelines, Property Standards

and

Rules & Regulations

Air Conditioning Units Only central air conditioning units are permitted and no window, wall or portable air conditioning units or window fans are permitted. No HVAC systems or equipment may be installed on the ground in front of, or attached to the front wall of any Unit.

Animals, Pets No animals, livestock, venomous or poisonous creatures, or poultry of any kind shall be kept, except that two (2) domesticated dogs and two (2) domesticated cats per Dwelling may be kept provided that they are not kept, bred or maintained for any commercial purpose and that they do not become a nuisance in the neighborhood. The Board of Directors has the right to determine whether or not a particular animal is a nuisance or a threat to the safety of the Members and to require its removal. No person owning or having custody of a permitted animal shall allow the animal to stray or go upon another Owner’s Lot without the consent of such other Owner. No animals shall be permitted on or in the Common Area at any time except as permitted by the rules and regulations of the Association or by Wake County Animal Control Ordinance. All animals shall be on a leash when outside the Owner’s Dwelling, if not confined inside a fenced yard. The owner of a permitted animal shall be responsible for removing and cleaning up any excrement deposited by such animal on any Lot, street right-of-way or the Common Area.

Antennas and Satellite Dishes No television, radio or other electrical towers, aerials, antennae, satellite dishes, or other devices of any type for the reception of transmission of radio or television broadcasts or other means of communication shall be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon unless approved in accordance with Article IX of the Stonemill Falls Declaration, except that this prohibition shall not apply to those antennae specifically covered by 37 C.F.R. Part 1, Subpart S, §1.40000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location, and maintenance of antennae. To the extent that the reception of an acceptable signal would not be impaired, an antenna permissible pursuant to rules adopted by the Association may be installed only if it: (i) is located in the rear or side yard of a Lot; (ii) is integrated with the dwelling and surrounding landscape; (iii) all cables and wires are hidden; and (iv) is approved pursuant to Article IX of the Stonemill Falls Declaration. When considering installing a satellite dish or antennae of any type on your lot, please remember to receive prior approval from the AC before calling for the final installation.

Awnings Awnings will be reviewed on a case by case basis. The request must include a picture of the awning, material, color, and design. An elevation view of the home must be submitted showing the location of the proposed awning. Retractable awnings will also be considered on a case-by-case basis for review.

Location: In most instances, awnings must be located on the rear of the home. The AC will review requests for awnings on a case-by-case basis. Maintenance: Awnings must be maintained and kept in good condition at all times. Faded, worn, or torn awnings will need to be removed or replaced.

Basketball Goals Basketball goals fall into two categories: (portable and permanent pole-mounted. As with all other exterior changes, Homeowners are required to submit applications for permanent basketball goals and, if approved, are required to perform periodic maintenance as necessary to keep them in good repair. Slope of the driveway should be considered when planning a basketball goal installation. Remember: basketballs can roll onto neighboring properties; be considerate as to the placement of the goal and consider a means to keep a basketball on your property (e.g. landscape screening). The color of the goal support structure should be black in color and the back board should be see-through clear. Under no circumstances shall a homeowner place a basketball goal in the street, in a cul-de-sac, or upon common property. Portable Goals Portable basketball goals do not require AC approval and should be sufficiently secured when in use to prevent injury or property damage. No sandbags, concrete blocks, or other similar weighted materials shall be used to secure the portable goals in place; only sand or water placed directly inside the base support shall be permitted. Portable goals should be positioned only in those locations that avoid impact to adjoining properties, streets, and personal safety. Worn nets shall be replaced or removed in order to maintain a neat appearance. Upon site inspection by the property manager, a homeowner may be asked to relocate or remove a portable goal if the impact to neighboring property owners or personal safety is an issue. Permanent Pole-mounted Basketball Goals A permanent goal mounted on a pole is subject to AC approval for placement location. Goals should be placed to maximize child safety and to minimize impact to lawns and neighboring properties. Worn nets shall be replaced or removed in order to maintain a neat appearance.

Clothes Lines No drying of clothing outside or outside clothes hanging devices are permitted.

Decks/Patios When contemplating adding a wood deck or concrete/brick paver patio to the rear of your home, it is important that you consider several factors:

1. Water drainage pattern under or around the deck/patio: Improper final drainage can damage the house foundation as well as create an area for insects (e.g. mosquitoes) to breed. You can also affect the amount of stormwater runoff onto neighboring properties.

2. Distances of deck/patio to property lines and easements: Ordinances may require that such structures not encroach into easements or to within certain distances from property lines.

3. Privacy screening (whether vegetative or other): You may want to incorporate some type

of privacy screening around certain parts of you deck or patio (for your own privacy as

well as for the privacy of your neighbors). Therefore, it would be prudent to plan the

screening and deck/patio at the same time. Screening, however, is not a requirement on

all lots when putting in decks or patios, but may be required by the AC on certain lots in

the community, at its sole discretion.

4. Decks may be clear-sealed with products like Thompson’s Watersrseal® or a sealant with

toner such as Olympic Stain+Sealant in One Toner® (and only the Cedar Natural tone

shade) and are optional at the homeowner’s discretion. Periodic maintenance of the deck

is required. No solid color stains or painting of the deck is permitted. If the space

under the deck is used to store items such as lawn mowers, yard tools, wheel barrow, etc.,

then the deck must have its perimeter screened with lattice or shrubbery in order to

obscure the view of stored items from the street and neighboring properties.

Patios Patios should be consistent with the grading of the property and located in the rear yard. The materials may consist of natural color concrete, flagstone, slate, stone or brick. The patio size, design, and setback distances to neighboring property lines should be kept in proportion to the home and property. The view of the patio should be softened from the neighbors, possibly accented with shrubs/flowers. All requests for decks/patios will be reviewed by the AC in context to the requester’s house and lot as well as surrounding lots and easements. Therefore, details of the size and type of deck/patio are important when making your request to the AC. All permits by municipality or county, if required, are the responsibility of the requestor to obtain prior to the commencement of any alteration, modification, or improvement.

Fences Wherever possible, alternatives to hard fencing are recommended (i.e., landscaping and plants). It is also recommended that wood fencing be "softened" through the use of plant material on the exterior side, particularly on those sections of fences running parallel to the street along the side yard of a corner lot. The homeowner should be conscious of the fence placement and of adjacent homes when making application in order to avoid visual discord in the community as well as sight obstructions to traffic. The illustrated five-foot black aluminum fence style that is shown in this section is the standard fence for Stonemill Falls. No other fence types are permitted in Stonemill Falls. This fence style will be permitted in a 4-foot height or 5-foot height option. Location: Fences shall follow the natural grade of the land and no "stepping" of the fence top shall be allowed. Wherever possible, existing trees should not be removed in order to place the fence. The fence shall be set back exactly 1” from the Owner's property line (in most cases, not all) unless the fence is on the side of a corner-lot house that faces the street. In the case where a fence runs parallel to a side street, care must be taken in order to not block a vehicle’s line of vision and the fence must be set back 10’ (more or less as the AC determines for the particular lot) from the property line (ordinances may control the placement of the fence in this instance).

It is the homeowner's responsibility to check for any easements or environmentally sensitive areas that may affect placement of fencing. The fence shall be placed no further forward than ten (10’) feet from the rear corners of the house (slightly more or less as certain situations may dictate). The AC shall determine the final placement of a fence based on aesthetics and street appearance in its sole discretion. If any iron pipe property corners (not the flagged wooden stakes) cannot be located on the Lot, then the homeowner must hire a surveyor to locate these property irons prior to fence installation in order to avoid encroaching onto neighboring properties.

APPROVED FENCE STYLES Aluminum Fencing. Aluminum fencing is allowed at a height of 48 inches (4 feet) or 60 inches (5 feet) and must be located wholly within the property lines of the lot. A copy of the plat plan with the location of the fence denoted must be submitted with the architectural application. If any proposed fence line is located within a public easement (sewer, drainage, etc.) of any type, the Lot owner must submit a letter from the municipality governing this area, which authorizes placement of the fence into the easement.

Samples of approved fencing styles:

Example of approved fence with 18” puppy panel

At least one 5’ access gate per fenced yard (gate size and quantity may vary per

request/need).

Other black aluminum fence designs will be considered on a case-by-case basis.

Garages & Garage Sales

Garage sales are not permitted in the community, except when a community wide yard sale is organized by the HOA, which may not occur more than two times per year.

No garage on any Lot may be enclosed for living spaces, but shall remain a garage for parking of vehicles of the Owner of the Lot.

Garbage & Recycling Bins All trash and rubbish shall be kept in garbage cans so as not to be visible form the street upon which the Unit fronts. Garbage and recycling bins may be moved to the street on the night before the scheduled pickup, but must be returned to the garage or to an approved screened enclosure area the night of the schedule pick up. Requests for the construction of screen enclosures will be reviewed on a case by case basis.

Holiday Decorations Holiday decorations may be placed by an Owner on his Dwelling or Lot no sooner than thirty (30) days prior to the date of the Holiday and must be removed no later than fourteen (14) day after the date of the Holiday.

Home Businesses All Lots shall be used for residential purposes only. Except as permitted by the Wake Forest Building Code or Zoning Ordinance, no trade, business, profession or other type of commercial activity shall be carried on upon any Lot except that an occupant of a Unit may conduct business activities within the Unit so long as:

• The occupant obtains Board approval and all necessary governmental licenses and approvals (including, without limitation, a special use permit, if required) for the conduct of business in the Unit and the business is otherwise owned and operated in compliance with all applicable laws and regulations

• The existence and operation of the business activity is not apparent or detectable by sight, sound, or smell form outside the Unit

• No sign advertising or otherwise acknowledging the business is permitted

• The business activity does not involve door-to-door solicitation of residents

• The business activity is not a nuisance, a hazardous or offensive use, or a threat to the security or safety of others

• The business activity, in the sole discretion of the Board, does not generate a level of vehicular or pedestrian traffic or the movement or parking of a number of vehicles beyond that of a Unit in

which no business is operated.

Landscaping Both the Architectural Committee and the Board of Directors of the Association encourage Homeowners to accent their homes with landscaping elements. Landscaping around the home can add a personal touch and enhance the appearance and value of one's home. It is recommended that Homeowners seek professional assistance when planning extensive landscape plantings or structures. Several commonly requested landscape elements which need prior approval before building/installing on the property include, but are not limited to, the following list (in no particular order):

•Tree Removal

•Patios

•Walkways

•Gardens (flower, water, vegetable)

•Bushes and Shrubbery

•Gazebos/Pergolas

•Planters

•Retaining walls

•Landscape beds (natural areas)

•Exterior lighting In general, when planning landscaping for any element (including those listed above), one should limit the change in grading of the property to insure proper drainage away from the foundation as well as away from the neighboring properties. Additionally, the planting of shrubs and trees should be made in such a manner that they will not impede the vision of motorists on the street nor adversely affect neighboring property owners (e.g. planting a tree too close to the property line). Also, consideration should be given to the size and height of plant materials at full maturity and its effect on neighboring properties. No plantings of any size shall be permitted within the street sight triangles at road intersections. Below are a few of the major categories under landscaping and some standard rules of thumb, which must be considered: Tree Removal: The Stonemill Falls HOA would like everyone to preserve and protect the trees on the properties in the subdivision. However, there will be circumstances when tree removal is necessary. It is recommended that living trees with a diameter greater than six-inches when measured at five (5) feet above the ground, not be removed unless they adversely affect the owner's or neighboring owner’s home/property. Trees which are dead and/or present an imminent hazard to life or property may be taken down by the homeowner without AC approval, as the case may arise. Gardens (vegetable or water): These types of gardens should be located in the rear yard and out of view from the street and from neighboring properties as practical as possible. Vegetable gardens should be kept clean and clear of high-growing weeds and should be cut back during the off-season. Water gardens should be planned in such a manner as to limit the potential for accidents (e.g., drowning by

small children or pets). Requests for vegetable and water gardens will require that the rear

yard also be fenced in. Gardens (flower): Flower gardens are highly encouraged and do not require prior AC approval. However, if the plantings exceed 30” in height at maturity, then the types of material and placement of such must have Architectural Committee approval prior to installation.

Bushes & Shrubbery: Accenting the home with bushes and shrubs can add to the street appeal of a home through color, massing, and texture contrasts. As with any landscaping plan, take into consideration the mature height and width of the plantings and their final placement in the yard. Provided that the mature height of the bushes or shrubs does not exceed 48” at maturity and they do not constitute a hedgerow along a property line or are not planted in the street right-of-way fronting the Lot, prior AC approval is not required (hedgerows must have prior AC approval). When in doubt, it is best to inquire of the AC, through the association manager, what you intend to plant so as to avoid unfortunate situations. Walkways: Walkways should be consistent with the grading of the property so as to prevent improper drainage. Walkway locations should generally be limited to the side and rear of the house. The front yard walkway is limited to natural color concrete, as installed by the Builder. More flexibility of materials may be taken for walkways on the sides and rear of the house (e.g. flagstone, slate, stone, or brick). Landscape Beds: Natural areas (landscape beds) should be made in proportion to the home and property. All front yards, though, should have a minimum of 50% grassed area (some exceptions to this rule will apply on certain shaped lots and the AC will take those circumstances into consideration). Lawn Maintenance

It is the responsibility of each homeowner to maintain his/her property in such a way so that it

adds to the overall beauty and harmony of the subdivision. Each homeowner should take this

responsibility seriously, as failure to do so can negatively impact the value of his/her property as well as

the surrounding properties and subdivision as a whole.

There are many areas in and around the home which should be inspected regularly to insure the property

is in good repair. These include but are not limited to:

•Lawns

•Trees, Shrubbery, and Natural Areas

•Decks

•Fences

•Driveways and Sidewalks

•Playground Equipment

•Exterior Siding

•Roofing

•Garbage Can Storage

•Awnings

•Gutters

•Shutters

•Mailboxes

Maintenance

-Lawns should be mowed regularly (7 to 10 days) and kept in a neat appearance during the growing

season (March through October, depending on the type of turf installed) in order to maintain the grass at a

consistent height. The grass should be edged along the sidewalks, driveway, and along the back of curb

in front of your house on a regular basis to prevent the grass from growing over these surfaces. Repairs to

bare areas of the lawn via patching, re-seeding, and watering are the Homeowners’ responsibility.

Consult with a lawn specialist as to when to apply fertilizer, lime, and pre-emergent weed control to the

lawn.

-Natural areas and mulched beds should be weeded regularly in order to maintain those areas in a

neat appearance. Mulch should be re-applied when it becomes too thin to adequately retain

moisture in the ground directly beneath it and/or weeds begin to sprout at will through the mulch.

Mulch shall consist of pine straw, shredded hardwood, or pine bark mulch. No red-colored

mulches or stone mulching is permitted.

-Trees and shrubbery should be pruned as needed to encourage growth and discourage disease. Consult with a landscape specialist in order to determine the best times to prune vegetation.

Lawn Ornaments, Statuary, Flags While understanding that individual tastes vary and that some objects may have sentimental value, the AC must weigh that against the overall aesthetics of the community and, therefore, may place limits on or deny the placement of certain objects on an Owner’s Lot. Lawn Ornaments Ornaments such as glass globes, mobiles, wind chimes, fountains, bird feeders/houses, wooden barrels, yard art, and all other lawn ornaments may be placed on the lot without prior AC approval, provided that they are used sparingly and are incorporated into a larger landscaping plan so as to be an accent item and not a primary object of focus. However, the AC does have discretion via the Declaration to limit the number, type, and placement of such items on a lot. Statuary As with lawn ornaments, statuary should also be incorporated into a larger landscaping plan and used sparingly so as to be an accent item and not a primary object of focus. Here again, the AC may limit or prohibit the placement of certain statuary or the number of statuary on a lot in its sole discretion Flags / Flag Poles No flag poles shall be permitted on a Lot, other than at the model home sales center(s) during the time of initial builder construction of homes. Only one (1) United States American Flag may be flown on a Lot if mounted to the house at a point not higher than the first-floor ceiling level and if the size of the flag is limited to 4’ x 6’ in dimension. All other flags (e.g. school flags, seasonal flags, decorative flags, etc.) do not require prior AC approval, provided that these flags shall be limited to one (1) per house and can be no larger than 4 square feet in total surface area per flag. The AC can require that a flag be taken down if its content is deemed to be offensive in nature. All flags must be kept in good repair at all times or they must be replaced or removed within a reasonably short period of time from when they become damaged or worn.

Nuisance No noxious, illegal or offensive trade or activity shall be carried on upon any Lot or the Common Area, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

Play Equipment Play equipment should blend in with the natural surroundings. In some instances, landscaping or fencing should be planned to screen play equipment from being visually obtrusive to neighbors or from the street and to maintain a safe environment for the children at play. Consideration should also be given to the neighboring properties’ quiet enjoyment of their Lots. The size of play equipment shall be proportional to and consistent with the surroundings. Location: Play equipment should be placed in the rear yard and within the building envelope lines of the Lot. Certain lots may not accommodate play equipment in the rear of the Lot; the AC will review each

request on a case-by-case basis.

Materials: Equipment constructed from treated natural wood is recommended; however, the AC will

review other structural materials. Therefore, detailed drawings, specifications, materials, and coloring

shall be required with the application in order for the AC to review such a request. All play equipment

must be anchored to the ground as per the manufacturer’ recommended anchoring method in order to

prevent injury from the equipment tipping over or, in the case of a trampoline, from being blown into the

house or neighboring houses during high-wind events.

Rental of Units

No Owner may lease or sublet his/her dwelling without the prior written consent of the Board of

Directors. Any lease or sublease must be for at least twelve (12) months, in writing, and contain the

following provision: "Tenant shall obey, adhere to and be bound by all provisions of the Declaration

of Covenants, Conditions, Restrictions, Easements, Charges and Liens for Stonemill Falls, recorded in

the Wake County Registry. Tenant acknowledges that he has received a copy of such Declaration and

the rules and regulations of the Association and is familiar with the provisions of same."

If an Owner fails to include said provision in any lease or sublease, it shall be conclusively deemed to

be included and part of said lease or sublease.

Screen Porches and Deck Enclosures All screen porches and methods of enclosing decks will be reviewed on a case-by-case basis.

The screen porch or deck enclosure should be of the same color scheme as the house or deck and

constructed from the same siding, trim, and roofing materials as the house. Wall and roof design will be

allowed to vary per individual taste, but AC approval is final.

Location: Screen porches and methods of enclosing decks must be located on the rear of the house. The

homeowner must design the screen porch or deck enclosure within the setbacks of his property and is

responsible for obtaining all necessary permits.

Materials: The materials for building a screen porch or deck enclosure must be of equal or better quality

than the materials used to construct the original home or deck.

Screen & Storm Doors

Storm doors must be full-view clear glass with minimal metal framing so that the front door can be seen

through the storm door glass or screen. No cross-buck, half-glass, or any other non-full-view storm doors

are permitted (with the exception of a wooden screen door that may be used on a screened-in porch). The

frame of the storm door must be the same color as the trim around the door frame. The hardware must be

of the same finish as the door.

Location: Full-view storm doors will be permitted on any exterior, in-swinging door.

Maintenance: Storm doors must be maintained and kept in good condition at all times. Damaged doors,

glass, or screening shall be repaired/replaced within a reasonably short time after damage is noted.

Signs •No “For Rent” signs are permitted on any Lot or in the window of any Unit.

•One “For Sale” sign, not to exceed six (6) square feet may be erected on a Lot.

•Signs of not more than six (6) square feet expressing support of or opposition to political candidates or other issues which will appear on the ballot of a primary, general or special election are permitted on a Lot, provided that such political signs shall not be placed on a Lot earlier than thirty (3) days before such election and shall be removed within seven (7) days after such election.

•No signs of any kind may be displayed on the Common Area without prior approval of Association.

Storage Sheds & Ancillary Structures Approved storage sheds and play houses must be no larger in size than eight (8) feet by twelve (12) feet and be constructed of wood and finished with a siding material which is similar in color and composition to the residence. The shed/playhouse must have a suitably-constructed flooring system or foundation. (A masonry foundation or slab is permitted, provided that it is completely enclosed by brick, framed lattice or siding to grade level.) The roof must have a six (6) inch overhangs, and be constructed of architectural shingles that match the color of the home. Sheds and playhouses may not be located in a sewer, landscape or drainage easement. Lastly, owner must obtain all necessary permits and approvals from municipality. Storage sheds should be of the same or similar color scheme as the house. The AC may require that the shed be accompanied with some landscape screening in order to buffer its impact to adjacent properties or from the street or common areas, depending on its location on the lot. Each request for a shed shall be reviewed by the AC on a case-by-case basis and as per Section IX of the Declaration of Covenants, Conditions, and Restrictions: “Declarant shall not approve any Improvements which it determines, it is sole discretion, not to be in harmony of external design, construction and/or location in relation to the surrounding structures, topography or the general plan of development of the Community.” Location: Sheds must be located in the rear yard. No sheds will be permitted in the front or side yard areas. When possible, the shed may become an addition to the rear of the house. It is up to the homeowner to check for easements or setback restrictions that may affect placement of the shed.

Materials: The shed/playhouse must have a suitably-constructed flooring system or foundation. (A masonry foundation or slab is permitted, provided that it is completely enclosed by brick, framed lattice or siding to grade level.) The roof must have a six (6) inch overhangs, and be constructed of architectural shingles that match the color of the home. Other structures, such as pergolas and gazebos shall be reviewed by the AC on an individual basis.

Swimming Pools No above-ground swimming pool is permitted on any Lot in the Subdivision , except that a small, inflatable children 's wading pool shall be permitted in the back yard of the Lot during the summer only. In ground swimming pool applications will be reviewed on a case-by-case basis.

Vehicles, Recreational Vehicles & Parking No vehicle repairs or maintenance shall be conducted within the Properties other than in a garage

and concealed from public view.

No wrecked or inoperable or improperly registered vehicles shall be allowed to remain on any

lot, unless stored fully within the confines of a garage with the door closed.

No Owner or a member of his family, lessee or sub-lessee or guest of an Owner shall: (i) park

any vehicle on any Lot or on the street within or adjoining the Subdivision except in a

designated paved parking space such as on the Lot's driveway or on an approved parking pad on

the Lot, provided however that this restriction shall not apply to "one-time events" such as, but

not limited to, graduation parties, birthday parties, holiday gatherings, or other similar occasional

events; (ii) park or keep on any Lot or street within or adjoining the Subdivision any abandoned,

partly dismantled or inoperative vehicle or vehicle not having current registration and inspection

stickers displayed; or (iii) park or keep on any Lot or any street within or adjoining the

subdivision any boat or boat trailer, utility or other trailer, recreational vehicle, motor home,

camper, bus, commercial vehicle, truck or van, or anything else other than a vehicle normally

intended for use as a private passenger vehicle. For the purpose of the preceding sentence, the

term "keep" shall mean present for either a period of more than ten (10) hours or overnight,

whichever is less.

The Board of Directors shall have the right and authority to make, implement and enforce such

additional parking rules and regulations as it might determine from time to time necessary or

appropriate, and shall have the right and authority to enforce same, including, but not limited to,

the right to levy fines for violations thereof. Furthermore, the Association shall have the right

and authority to have towed any vehicle parked or maintained in violation of these or

subsequently adopted parking rules and regulations, and the cost of towing and storage shall be

the responsibility of the Owner of the Lot to which such vehicle is registered or the Owner of the

vehicle, as appropriate.

Notwithstanding the foregoing, no vehicle of any type or size which transports inflammatory or

explosive cargo or which stores or transports materials or substances defined as hazardous or

toxic by any applicable legal requirements shall be kept or stored or allowed to remain in or on

the Properties at any time, except as may be required to effectuate transportation or removal of

such prohibited materials and substances through or from the Properties, or, with respect to

explosive materials, as may be reasonably required in connection with the construction or

installation of streets and utilities in the Properties, or as may be allowed by Declarant, during

the Declarant Control Period, and thereafter , the Board, when reasonably required for the

construction of other improvements within the Properties.