property rruarra.g.e rrre rrt;

c/oPINEDA CROSSING BOA

1978 u.s. Hwy 1, Suite 106 Rockledge, FL. 32955OFFICE 321-636-4889 Ext 1 FAX 321-636-4891

EMAIL: vmoore@apmfla.com

August 16, 2017

Dear Pineda Crossing Member,-

Enclosed is a copy of the proposed Architectural Guideline to clarify and provide additionaloptions for types of materials for roofs. The board has done some research to allow for metalroof material to be used as an option and consulted with the Association Attorney as well.

The board will be voting on this at the board of directors meeting on August 30, 2017. If youhave questions or concerns please feel free to call me or Jodi Bradley using the informationabove or attend the meeting on August 30, 2017.

Please add this to your existing documents for the community.

Respectfull y,

~$~Van Moore LCAM c/oPineda Crossing HOA

:•...

RECOMMENDA nONMETAL ROOFS

1.The Covenants concerning roofs state: Section 5. Roofs, Shingle Material and ExteriorElevations - All roofs shall be built with a pitch of at least 5 to 12, except for those areas overporches and patios which may be at a shallower pitch with prior written approval from theCommittee. Roofs must be constructed of approved framing, decking, and shingles; no metal,fiberglass, tar paper or gravel roofs shall be permitted without prior written approval from theCommittee.The Committee must approve the type, color, and style of all shingle and roof covering materials.Shingles must be fungus-resistant 240 lb. architectural grade dimensional shingles, or higherquality. The Committee may reject any exterior elevation based on the roof line, shingle type orexterior elevation appearance that in its judgment is not in keeping with the character and standardsof the Subdivision.All Roofs shall be maintained in good appearance and condition. Any missing or deterioratedshingles shall be promptly replaced, Any patches of dirt, mildew, algae or other discoloration,which when viewed collectively exceed 10% of the roof area, shall be promptly cleaned.

2. Recommendation: That the ARC review all request for installation of a replacement metalroof.

a. If the request is for a Standing Seam Metal Roof System the ARC should disapprovethis request based on the roof system is not in keeping with the character and standardsof the Subdivision. The Standing Seam metal Roof System does not complement thehomes with dimensional shingles.

b. If the request is for a Metal Dimensional Shingle System or Interlock Slate Roof Systemwith the appearance of a Shingle Roof System, the ARC could approve this request usingthe same color and construction criteria used for approving dimensional shingle roofs.

c. It is recommended that replacement roofs be installed by a contractor licensed in BrevardCounty. Replacement roofs must meet or exceed all State, County, and local codes andregulations.

PINEDA CROSSING HOMEOWNERS'ASSOCIATION, INC.

AU9Ust~, 2017

Dear Member:

Living in a deed restricted community is not always easy. Though we allwish to be left alone to use our homes and property as we wish, we must alsoremember that what we do with our property directly affects others. From thecondition of our homes to where we park and to whom we rent, each itemimpacts on the value of surrounding homes and the comfort of our neighbors.Also, as members of the Pineda Crossing Homeowner's Association, Inc., eachof us has a common stake in and ownership of our corporation's assets and eachof us have committed and contractually obligated ourselves to each other that wewill abide by our homeowner association's governing documents for the commongood.

The job of elected directors is not an easy one. We have a natural desireto get along with all of our neighbors, but we also accepted a legal duty to theassociation members to fairly and uniformly enforce the provisions of ourgoverning documents. As we have reviewed the association's history through theyears it appears that some residents have been allowed to use their property inways that do not comply with our documents. Once done, it becomes harder toenforce our community's standards in other cases, and as a result we now findourselves a community with deteriorating standards and aesthetics which couldultimately adversely affect the value of our homes.

Out of concern for the entire community we sought legal advice and wenow understand that we have a duty to either enforce our documents uniformlyand vigorously or alternatively to change portions of the documents that no longerwork for us. Before we can begin enforcement of certain provisions that have notbeen previously enforced, or that have been laxly enforced in the past, we arerequired to give you notice of our intention to change our policy to one of strictcompliance and swift and uniform enforcement.

Accordingly, we wish to warn and advise you that effective August 1,2017,the Board will commence appropriate enforcement measures in all cases ofviolation(s) of our governing documents occurring after the date that suchviolations become known to us. Of particular concern to us are owners making

changes or modifications to their homes or lots without the prior written consentof the Board of Directors and/or the Architectural Control Review Committee(hereinafter the "ACC") as provided for in Article II of the Declaration ofCovenants and Restrictions for Pineda Crossing (as amended andsupplemented) (hereinafter the "Declaration"). Of particular concern to the Boardis the installation or alteration of roofing materials without the prior written consentof the ACC. Many roofs have been constructed of impermissible materials andwere installed using colors and materials that would not be approved by the ACCin accordance with the published architectural control committee guidelines.

Our Declaration and the published architectural control committeeguidelines specifically speak to these matters and we suggest that you carefullyreview the Declaration of Covenants and Restrictions for Pineda Crossing asoriginally recorded in O.R. Book 3308, -Page 0317, et seq., of the Public Recordsof Brevard County, Florida. Article II, Section 5 (as amended) provides inpertinent part that all ".... roofs shall be built with a pitch of at least 5 to 12,except for those areas over porches and patios, which may be at a shallowerpitch with prior written approval from the Committee. Roofs must be constructedof approved framing, decking, and shingles; no metal, fiberglass, tar paper orgravel roofs shall be permitted without prior written approval from the Committee."Article II, Section 2(b) of the Declaration describes the procedure for obtainingapproval from the ACC.

The Association is in some cases aware that a number of owners haveviolated the foregoing provision(s) of the governing documents by replacing theirroofs without the prior written consent of the Board of Directors of the Associationand/or the Architectural Control Review Committee as required by theDeclaration. Unfortunately, in some cases prior boards took no action to stop orotherwise seek removal of the unapproved changes or modifications. However,in order to protect all home owners / members this will not be true of current andfuture boards of directors of the Association.

Therefore, as to any roof existing on August 1,2017, the Association willnot take any action against any owner to require restoration or removal of theunapproved roof or the installation of unauthorized roofing materials. However,as of August 2, 2017, all future changes or modifications to the roof or the roofingmaterials on any lot or home must first be approved in advance by the Board ofDirectors of the Association or the Architectural Control Review Committee asrequired by the terms, provisions, and conditions of the Declaration of Covenantsand Restrictions for Pineda Crossing. Simply stated, while an owners' particularroof existing on August 1,2017, may effectively be "grandfathered in", the right toa roof which does not conform to the standards set by the ACC is not "grandfathered" and therefore may not be replaced with the presently installed non-

conforming roofing materials. Additionally, as of August 2, 2017, the Associationwill commence enforcement of the provisions of the Declaration to prevent and/orprohibit future violations of the Declaration.

As to any violation occurring after August 2, 2017, be advised that we willsend one (1) and only one (1) notice and/or demand upon discovery of a newviolation. We will give any offender a set time to comply with Association'sdocuments. If the offender fails to do so, or ignores the Association's demand,the matter will be turned over to the Association's attorney with instructions tomake all demands required by law and thereafter to file appropriate legal action.To the extent allowed by law the Association will also seek to hold offender liablefor the attorneys' fees and costs involved.

'vVe truly hope every member ofthe Association wili understand andsupport our efforts to enforce the material modification provisions of thegoverning documents of our Association. Your cooperation and compliance willbe greatly valued.

THE BOARD OF DIRECTORSOF PINEDA CROSSINGHOMEOWNERS'ASSOCIATION, INC.

BY:~4!w~ J:j