listing agent: wen guo pre-sale escrow: first american ... · pre-sale escrow: first american title...

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Listing Agent: Wen Guo Pre-Sale Escrow: First American Title Company, Silvia Barragan Escrow Number: 41025986616 August 23, 2019 Re: 2106 Jubilee Drive, Hayward, CA 94541 Blackstone at the Cannery Homeowners Association Dear Buyer’s Agent, I have not verified any of the information contained in the documents/reports that were prepared by other people. Please encourage your buyers to satisfy themselves as to the issues discussed in these documents. If you have any questions or concerns regarding the issues discussed in these documents, feel free to contact the people who created these reports for further information. # Name of Disclosure # of Pages Regards, Jeanette Coria, on behalf of Wen Guo The undersigned Buyer acknowledges receipt of all of the above documents Date:__________________ ______________________________________________ Buyer Date:__________________ ______________________________________________ Buyer 1. CC&Rs 110 2. Bylaws 18 3. Association Rules 31 4. Articles of Incorporation 3 5. 2019 Budget Mailer 31 6. Resale Form 2

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Page 1: Listing Agent: Wen Guo Pre-Sale Escrow: First American ... · Pre-Sale Escrow: First American Title Company, Silvia Barragan Escrow Number: 41025986616 August 23, 2019 Re: 2106 Jubilee

Listing Agent: Wen Guo Pre-Sale Escrow: First American Title Company, Silvia Barragan Escrow Number: 41025986616 August 23, 2019 Re: 2106 Jubilee Drive, Hayward, CA 94541 Blackstone at the Cannery Homeowners Association Dear Buyer’s Agent, I have not verified any of the information contained in the documents/reports that were prepared by other people. Please encourage your buyers to satisfy themselves as to the issues discussed in these documents. If you have any questions or concerns regarding the issues discussed in these documents, feel free to contact the people who created these reports for further information. # Name of Disclosure # of Pages

Regards, Jeanette Coria, on behalf of Wen Guo The undersigned Buyer acknowledges receipt of all of the above documents Date:__________________ ______________________________________________

Buyer

Date:__________________ ______________________________________________ Buyer

1. CC&Rs 110 2. Bylaws 18 3. Association Rules 31 4. Articles of Incorporation 3 5. 2019 Budget Mailer 31 6. Resale Form 2

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BYLAWS

OF

BLACKSTONE AT THE CANNERYH O M EOWN E RS A SS O C IAT I O N

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TABLE OF CONTENTS

ARTICLE I NAME AND LOCATION

ARTTCLE il DEF|NtTtONS .............

ARTICLE III POWERS AND DUTIES.....3.1 Powers of the Association3.2 Powers of the Board3.3 Limitations on Powers of the Board3.4 Tax Exempt Status......

ARTICLE IV MEMBER MEETINGS ...............4.1 Annual Meeting4.2 Special Meetings....4.3 Notice and Place of Meeting4.4 Quorum.....4.5 Adjourned Meetings4.6 No Proxies4.7 Classes of Membership and Voting.......4.8 Special Voting Rights of Class A Members for Election of Directors4.9 Commencement of Voting Rights........4.10 Action Without Meeting4.11 Secret Ballot Voting4.12 Conduct of Members Meetings

ARTICLE V BOARD OF DIRECTORS.... . .

5.1 Number.....5.2 Term of Office5.3 Qualifications..............5.4 Removal5.5 Vacancies by Death, Resignation or Removal5.6 lndemnification of Officers and Directors........

ARTICLE VI NOMINATION AND ELECTION OF DIRECTORS6.1 Nomination6.2 Election of Board....6.3 Election Rules and Procedures..........

ARTICLE VII MEETINGS OF DIRECTORS....7.1 RegularMeetings...7.2 SpecialMeetings....7.3 Quorum.....7.4 Emergency Meetings7.5 NoticetoMembers...................7.6 Telephonic/ElectronicMeetings7.7 Open Meetings ..........7.8 Executive Session.....7.9 Action Without Meeting

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TABLE OF CONTENTS(continued)

7.10 Schedule of Monetary Penalties.7.11 Minutes of Meetings of Directors

ARTICLE VIII OFFICERS AND THEIR DUTIES8.1 Enumeration and Term8.2 Election of Officers.8.3 SpecialAppointments................8.4 ResignationandRemoval..........8.5 Filling Vacancies8.6 Multiple Offices8.7 Duties

ARTICLE IX COMMITTEES........9.1 NominatingCommittee9.2 California Civil Code "Right to Repair Act" Claims Committee

ARTICLE X BOOKS AND RECORDS..........10.1 lnspection by Members...............10.2 lnspection by Directors................10.3 Declarant's Right to Records.....10.4 lnspection by lnstitutional Mortgagees.....10.5 Distribution of Project Documents10.6 Review of Financial Records...10.7 Reserve Account Withdrawal Restrictions

ARTICLE XIASSESSMENTS

ARTICLE XII AMENDMENTS

ARTICLE XIII DISCIPLINARY PROCEDURES13.1 Notice and Hearing. .. ... .........13.2 Decision

ARTICLE XIV MISCELLANEOUS14.1 Compensation.......14.2 FiscalYear............14.3 lnterpretation........,

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BYLAWSOF

BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION

ARTICLE I

NAME AND LOCATION

1.1 The name of the association isBmcrsroruE AT THE CR¡trueny Ho¡¡eowrurRsAssoctRrtoN ("Association"). The principaloffice of the Association shall be in Hayward,California, or in such other location as set by theBoard.

ARTICLE II

DEFINITIONS

2.1 The definitions contained in theDeclaration of Covenants, Conditions, andRestrictions for Blackstone at The Cannery (the"Declaration") recorded or to be recorded in theOfficial Records of Alameda County, California,are incorporated herein by reference.

ART¡CLE III

POWERS AND DUTIES

3.1 Powers of the Association. TheAssociation has the general power to do any andall things that a nonprofit mutual benefitcorporation organized under the laws of the Stateof California may lawfully do for the benefit of itsMembers. These powers include any and alllawful actions which may be authorized, requiredor permitted to be done under and by virtue of theProject Documents or which may be necessaryand proper for or incidental to the exercise of anyof the express powers of the Association or forthe peace, health, comfort, safety or generalwelfare of the Members. The Association shallhave all of the powers and duties set forth in theProject Documents, subject to the limitationsstated in the Project Documents.

3.2 Powers of the Board. Except forthe powers specifically reserved to the Membersby the Project Documents and except as limited

by the laws of the State of California, the Boardshall have the authority to exercise all powersand undertake all duties of the Association. TheBoard may delegate any of its powers to anycommittee, officer, or employee as the Boarddeems necessary and proper except that nocommittee shall have the power to: (a) approveany action which requires the approval of theMembers as provided in the Declaration or theseBylaws; (b) f¡ll vacancies on the Board or anycommittee; (c) amend or repeal these Bylaws oradopt new Bylaws; (d) amend or repeal anyresolution of the Board; or (e) appoint Directors,committees of the Board or members thereof.The Board may also appoint or hire any qualifiedperson or entity as manager of the Project.Except as expressly prohibited, the Board maydelegate to the manager any of its duties, powersor functions, including the authority to deposit orwithdraw funds from the accounts of theAssociation, but excluding the right to take anyaction described in California Corporations CodeSection 7236 and excluding the right to withdrawfrom any Reserve Account. The manager mayadditionally be authorized to establish a commontrustee account for the deposit of Assessmentscollected.

3.3 Limitations on Powers of theBoard. Any approval of the Members required bythis Section must be obtained by a vote of theMembers (other than Declarant) at a meeting (inperson), or by written ballot without a meetingpursuant to California Corporations Code Section7513 of a simple majority of Membersconstituting a quorum consisting of more thanfifty percent (50%) of the voting power of theAssociation residing in Members other thanDeclarant. The meeting described in this Sectionmust be conducted in compliance with Chapter 5(commencing with Section 7510) of Part 3 ofDivision 2 of Title I of the California CorporationsCode, and Section 7613 of the CaliforniaCorporations Code. Without the approval of each

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class of Members, the Board shall be prohibitedfrom taking any of the following actions:

3.3.1 Contracts for Goods orServices. Entering into a contract with athird person for goods or services forAssociation Property, AssociationMaintenance Areas or the Association fora term longer than one (l) year, with thefollowing exceptions:

(a) A management contract, theterms of which have been approvedby the FHA or the VA;

(b) A contract with a public utilityif the rates charged for the materialsor services are regulated by the PublicUtilities Commission; provided,however, that the term of the contractshall not exceed the shortest term forwhich the supplier will contract at theregulated rate;

(c) Prepaid casualty or liabilityinsurance of not more than three (3)years duration, provided that thepolicy permits for shorter ratecancellation by the insured;

(d) Lease agreements forlaundry room fixtures and equipmentand/or agreements for cable televisionservices not to exceed five (5) yearsin duration provided that thelessor/supplier under the agreement isnot an entity in which Declarant has adirect or indirect ownership interest often percent (10%) or more;

(e) Agreements for cabletelevision services not to exceed five(5) years in duration provided that thelessor/supplier under the agreement isnot an entity in which Declarant has adirect or indirect ownership interest often percent (1oo/o) or more;

(Ð Agreements not to exceedfive (5) years in duration for the saleor lease of burglar alarm and/or fire

alarm equipment, installation andservices provided that the supplie(s)is not an entity in which Declarant hasa direct or indirect ownership interestof ten percent (10%) or more; and

(g) A contract for a term not toexceed three (3) years that isterminable by the Association after nolonger than one (1) year, withoutcause, penalty or other obligation,upon ninety (90) days written notice oftermination to the other party.

3.3.2 Sellinq Propertv of theAssociation. During any fiscal year,selling property of the Association havingan aggregate fair market value greaterthan five percent (5%) of the budgetedgross expenses of the Association for thatfiscal year.

3.3.3 Compensatinq Directorsand Officers. Paying compensation toDirectors or officers of the Association fortheir services as Directors or as officers;provided, however, that the Board maycause a Director or officer to bereimbursed for reasonable expensesactually incurred in carrying on thebusiness of the Association.

3.3.4 lmprovements toAssociation Propertv. lncurring aggregateexpenditures for lmprovements toAssociation Property or AssociationMaintenance Areas in any fiscal year inexcess of five percent (5%) of thebudgeted gross expenses of theAssociation for that fiscal year.

3.3.5 Board Vacancies Resultinqfrom Removal. Filling a vacancy on theBoard created by the removal of aDirector.

3.4 Tax Exempt Status. lf the Boardelects to obtain and maintain tax exempt statusfor the Association, the Board shall cause anyannual election for tax exempt status requiredunder federal or state law to be filed timely and

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shall cause the Association to comply with thestatutes, rules and regulations adopted by thefederal and state agencies pertaining to suchexemptions.

ARTICLE IV

MEMBER MEETINGS

4.1 Annual Meetino. The first meetingof the Members, whether a regular or specialmeeting, shall be held no later than six (6)months after the close of escrow on the sale ofthe first Residence in the Project. The nextannual meeting shall be set by the Board so as tooccur no later than one hundred fifty (150) daysafter the close of the Association's fiscal year.Subsequent regular annual meetings of theMembers shall be held within thirty (30) days ofthe same day of the same month of each yearthereafter. lf the day for the annual meeting ofthe Members is a legal holiday, the meeting willbe held at the same hour on the first dayfollowing, which is not a legal holiday (excludingSaturday and Sunday).

4.2 Special Meetinqs. A specialmeeting of the Members of the Association shallbe promptly scheduled by the President of theAssociation in response to: (a) the vote of theBoard itself; or, (b) the written request for aspecial meeting signed by Members representingat least five percent (5%) of the total voting powerof the Association. Such special meeting shall beheld at a time fixed by the Board not less thanthirty-five (35) nor more than ninety (90) daysafter receipt of the request.

4.3 Notice and Place of Meetinq.Written notice of each meeting of the Membersshall be given to Members by, or at the directionof, the secretary or person authorized to call themeeting, by mailing a copy of such notice,postage prepaid, at least ten (10) days but notmore than ninety (90) days before the date ofsuch meeting at which Members are required orpermitted to take any action. The notice shall besent to each Eligible First Mortgagee requestingnotice and to each Member, addressed to theMember's address last appearing on the books ofthe Association, or supplied by such Member to

the Association for the purpose of notice. Suchnotice shall specify the place, day and hour of themeeting, and, in the case of a special meeting,the nature of the business to be transacted, andthat no other business may be transacted. ln thecase of a regular meeting, such notice shallinclude those matters which the Board, at thetime the notice is given, intends to present foraction by the Members. However, any propermatter may be presented at a regular meeting forsuch action. The notice of any meeting at whicha Director is to be elected shall include thenames of all nominees at the time the notice isgiven. The Board shall specify the meetingplace, which shall be held within the Project or asclose thereto as reasonably possible. Unlessunusual conditions exist, Members meetingsshall not be held outside of the County in whichthe Project is situated.

4.4 Quorum. The presence, either inperson or by written ballot, at any meeting ofMembers entitled to cast at least a majority of thevotes of Members, shall constitute a quorum forany action except as otherwise provided in theArticles, the Declaration, these Bylaws, or theDavis-Stirling Common lnterest DevelopmentAct. The Members present at a duly called orheld meeting at which a quorum is present maycontinue to do business until adjournment,notwithstanding the withdrawal of enoughMembers to leave less than a quorum. Sections4.4 and 4.5 of these Bylaws do not apply to thequorum requirements for the imposition ofRegular and Special Assessments. Said quorumrequirements are set forth in Article lX of theDeclaration.

4.5 Adiourned Meetinqs. lf a quorumis not present or represented at any meeting, amajority of the Members entitled to vote thereatmay, unless otherwise provided by law, adjournthe meeting to a time not less than five (5) daysnor more than thirty (30) days from the originalmeeting date, at which meeting the quorumrequirements shall be at least thirty-three andone third percent (33%%) of the total votingpower of the Association. lf a time and place forthe adjourned meeting is not fixed by those inattendance at the original meeting, or if for anyreason a new date is fixed for the adjourned

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meeting after adjournment, notice of the time andplace of the adjourned meeting shall be given tothe Members as set forth in Section 4.3 of theseBylaws.

4.6 No Proxies. For all mattersrequired by law or the Project Documents inwhich Members are required to vote, including,but not limited to, those matters set forth inCalifornia Civil Code Section 5105, and except asspecifically allowed by law or a court of law,proxies shall not be allowed, counted towards, orrecognized by the Association in any election, forattendance at any meeting and/or establishing aquorum.

4.7 Classes of Membership andVotinq. The Association shall have two (2)classes of voting Members:

4.7.1 Class A. Class A Membersshall be all Owners except Declarant andshall be entitled to one (1) vote for eachResidence owned, as applicable. Whenmore than one person or entity owns aResidence, all such persons and entitiesshall be Members and the vote for suchResidence shall be exercised as theyamong themselves determine, but in noevent shall more than one (1) vote be castwith respect to any Residence.

4.7.2 Class B. The Class BMember shall be the Declarant and shallbe entitled to cast three (3) votes for eachResidence it owns and is paying theAssessments levied by the Association.This voting right shall cease andDeclarant shall automatically become aClass A Member entitled to cast one (1)vote for each Residence it owns and ispaying the Assessments levied by theAssociation upon the first to occur of thefollowing events:

(i) The second anniversary of thefirst close of escrow for the sale of aResidence pursuant to the originalissuance by the BRE of the mostrecently issued Final Public Report fora Phase of the Project; or

(ii) The fourth anniversary of thefirst close of escrow for the sale of aResidence pursuant to the originalissuance by the BRE of the Final PublicReport for the first Phase of the Project.

4.8 Special Votinq Riqhts of Class AMembers for Election of Directors. So long asthe Declarant shall be entitled to exercise theClass B voting right to elect a majority of themembers of the Board of Directors of theAssociation, as provided above, the Class AMembers shall be entitled to solely elect at leasttwenty percent (20%) of the members of theBoard.

4.9 Commencement of Votinq Riqhts.Voting rights attributable to Residences shall notvest until Assessments against those Residenceshave been levied by the Association. The powerto cast a particular Member's vote may beexercised by the Member's conservator,guardian, the parent(s) entitled to custody of aMember if the Member is a minor, or the executoror administrator of a deceased Member's estate ifthe Member's interest in the Residence is subjectto estate administration.

4.10 Action Without Meetinq. Anyaction which may be taken by the vote ofMembers at a regular or special meeting (exceptthose matters set forth in California Civil CodeSection 5100) may be taken without a meeting ifdone in compliance with California CorporationsCode Section 7513. lf an action is taken withouta meeting, the Board shall distribute a writtenballot to every Member entitled to vote on thematter. The ballot shall set forth the proposedaction, provide an opportunity to specify approvalor disapproval of such proposal, and provide areasonable time within which to return the ballotto the Association. All such written ballots shallbe filed with the Secretary of the Association andmaintained in the Association's records.Approval by written ballot shall be valid onlywhen the number of votes cast by ballot withinthe time period specified equals or exceeds thequorum required to be present at a meetingauthorizing the action, and the number ofapprovals equals or exceeds the number of votesthat would be required to approve at a meeting at

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which the total number of votes cast was thesame as the number of votes cast by ballot.

4.11 Secret Ballot Votinq. All voting onmatters specified in California Civil Code Section5100 shall be done by secret ballot and be incompliance with the Association Rules forelections and any and all other statutoryprovisions.

4.12 Conduct of Members Meetinqs.Meetings of the membership of the Associationshall be conducted in accordance with theprovisions of California Civil Code Sections 4900,ef seg., and 5000.

ARTICLE V

BOARD OF DIRECTORS

5.1 Number. The affairs of thisAssociation shall be initially managed by a Boardof three (3) Directors. The first Directors shall beappointed by Declarant to serve prior to the firstgeneral membership meeting and election. Thenumber of Directors may, upon majority vote ofthe Board, increase to five (5) Directors upon (a)conveyance of the last Residence from Declarantto an Owner under the authority of a PublicReport, or (b) the prior written consent of theDeclarant.

5.2 Term of Office. At the firstMember meeting of the Association, theMembers shall elect all three (3) Directors. Thecandidates receiving the highest number of votesshall be deemed elected. The two (2) candidateselected by Declarant shall have a three (3) yearterm, and the candidate elected by Owners otherthan Declarant shall serve a two (2) year term. Ateach annual meeting thereafter, Members shallelect Directors to replace those whose termshave expired for successive terms of two (2)years.

5.3 Qualifications. All non-Declarantmembers of the Board shall comply with all of thefollowing requirements in order to serve as aDirector:

5.3.1 Owner must be a "Memberin Good Standing" (as defined in theDeclaration) for the three (3) monthsimmediately preceding the date of theelection at which the Owner is beingconsidered for the election to the Board.To be a Member in Good Standing, theOwner must correct any violation of theProject Documents for which the Ownerhas been determined to be responsiblepursuant to applicable due processrequirements within five (5) days ofreceipt of notice;

5.3.2 Attend not less than half ofall Board meetings, regular or special,within a twelve (12) month period and notmiss more than two (2) consecutive,regularly scheduled Board meetings;

5.3.3 Comply with every dulyapproved action of the Board;

5.3.4 Be not more than three (3)months in arrears in the payment of anyAssessments preceding the date of theelection and during the entire term;

5.3.5 Refuse any type of gain,such as money, services, products, giftsor gratuities of a significant value, asdetermined by a majority vote of theDirectors who meet all of the requiredqualifications to serve as such, which gainis offered in relation to an Owner's serviceas a Director. ln addition, the Owner mustdisclose such offers in an open meeting ofthe Board. Compensation for servicesduly approved by the Board and unrelatedto the duties as a Director or Officer of theAssociation, and reimbursement ofexpenses associated with services to theAssociation does not constitute prohibitedgain within the meaning of this Section;and

5.3.6 Refrain from acting in amanner determined by a majority vote ofthe Directors to be grossly detrimental tothe general safety, health or welfare of theAssociation and its Members.

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5.4 Removal. Unless the entire Boardis removed from office by the vote of Members ofthe Association, an individual Director shall notbe removed prior to the expiration of his term ofoffice if the votes cast against that Director'sremoval would be sufficient to elect such Directorif voted cumulatively at an election at which thesame total number of votes were cast and theentire number of directors authorized at the timeof the Director's most recent election were thenbeing elected. A Director who was elected solelyby the votes of Members other than Declarantmay be removed from office prior to theexpiration of that Director's term only by the votesof a simple majority of Members other thanDeclarant.

5.5 Vacancies bv Death, Resionationor Removal. ln the event of the death orresignation of a Director, a successor Directorshall be selected by a majority of the remainingMembers of the Board or by a sole remainingDirector, and shall serve for the unexpired term ofhis predecessor; provided that the successor of aDirector who was elected by Members of theAssociation other than the Declarant shall beelected by a vote of Members other than theDeclarant. ln the event of the removal of aDirector, a successor Director shall be elected asprescribed in Article Vl, Section 6.2 of theseBylaws.

5.6 lndemnification of Officers andDirectors. Each Director, Officer and CommitteeMember shall be indemnified to the fullest extentpermitted by law by the Association and theMembers against all expenses and liabilities,including attorneys' fees, reasonably incurred byor imposed upon such person by judgment orsettlement in connection with any proceeding towhich such person may be a party, or maybecome involved, by reason of being or havingbeen a Director, Officer or Committee Member ofthe Association, so long as such person acted ingood faith within the scope of duties of suchDirector, Officer and Committee Member, and ina manner such person reasonably believed to bein the best interests of the corporation and, in thecase of a criminal proceeding, had no reasonablecause to believe the conduct of such person wasunlawful. ln this regard, the provisions of

California Corporations Code Section 7237 shallapply in their entirety.

5.6.1 Approval. Upon writtenrequest to the Board by any Director,Officer, or Committee Member seekingindemnification, the Board shall promptlydetermine whether the applicablestandard of conduct set forth in theCalifornia Nonprofit Mutual BenefitCorporation Law has been met. lf so, theBoard shall authorize indemnification. lfthe Board cannot authorizeindemnification because more than fiftypercent (50%) of the Directors are partiesto the proceeding for whichindemnification is sought, the Board shallpromptly call a special meeting ofMembers. At the meeting, the Membersshall determine whether the applicablestandard of conduct set forth in theCalifornia Nonprofit Mutual BenefitCorporation Law has been met. lf so, theMembers shall authorize indemnification.Members or other persons seeking to beindemnified shall not be entitled to vote onthe question of indemnification.

5.6.2 Advancinq Expenses.Prior to the final disposition of aproceeding described in Section 5.5 ofthese Bylaws, the Association shalladvance the costs of defense incurred bythe Director, Officer or CommitteeMember if said person(s) agrees toreimburse the Association and providesassurances of the ability to reimburse theAssociation. At the final disposition of theproceeding, the Director, Officer, orCommittee Member shall reimburse theAssociation unless it was determined thatthe Director, Officer or CommitteeMember was entitled to be indemnified bythe Association.

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ARTICLE VI

NOMINATION AND ELECTION OFDIRECTORS

6.1 Nomination. Notwithstanding anyother requirements and procedures includingthose provisions set forth in California Civil CodeSections 5105 and 5115, nomination for electionto the Board shall be made by a NominatingCommittee. Notice to the Members of themeeting shall include the names of all those whoare nominees at the time the notice is sent.Nominations may also be made from the floor atthe annual meeting. The Nominating Committeeshall consist of a Chairman, who shall be aMember of the Board, and two (2) or moreMembers of the Association. The NominatingCommittee shall be appointed by the Board notless than thirty (30) days prior to each annualmeeting of the Members, to serve until the closeof such annual meeting. The NominatingCommittee shall make as many nominations forelection to the Board as it shall in its discretiondetermine, but not less than the number ofvacancies that are to be filled. Such nominationsmay be made from among nonmembers. Allcandidates shall have reasonable opportunity tocommunicate their qualifications to Members andto solicit votes.

6.2 Election of Board. The firstelection of the Board shall be conducted at thefirst meeting of the Association. All positions onthe Board shall be filled at that election. Votingfor the Board shall be by secret written ballot.Cumulative voting in the election of BoardMembers shall be prescribed for all elections inwhich more than two (2) positions on the Boardare to be filled, subject only to the proceduralprerequisites for cumulative voting prescribed inCalifornia Corporations Code Section 7615(b).From the first election of the Board and thereafterfor so long as a majority of the voting power ofthe Association resides in the Declarant, or solong as there are two outstanding classes ofmembership in the Association, not less thantwenty percent (20o/o) of the incumbents on theBoard shall be elected solely by the votes ofOwners other than the Declarant, in accordancewith the following procedure: The collected

ballots shall be segregated between ballots castby Declarant, and ballots cast by other Members.The ballots received from other Members shall becounted first, and the person receiving thegreatest number of votes from such Membersshall be elected to the Board. The votes of theDeclarant shall then be added to the totals andthe persons receiving the highest number ofvotes (other than the person already elected)shall be elected to the remaining positions on theBoard. A Board Member who has been electedto office solely by the votes of Members of theAssociation other than the Declarant may beremoved from office prior to the expiration ofsuch Board Members term of office only by thevote of at least a simple majority of the votingpower residing in Members other than theDeclarant.

6.3 Election Rules and Procedures.The Association shall, in compliance withCalifornia Civil Code Section 5105, adopt rulesand procedures governing the election ofDirectors of the Association, which shallconstitute " Associ ati on Ru I es."

ARTICLE VII

MEETINGS OF DIRECTORS

7.1 Reqular Meetinqs. Regularmeetings of the Board shall be held, at aminimum, quarterly at such place within theProject or within close proximity to the Project aspossible in order to accommodate the Board andOwners attending the meeting, and at such houras may be fixed from time to time by resolution ofthe Board. Should circumstances warrant,regular meetings may be held on a more frequentor less frequent basis if the Board determinesthat such intervals are necessary to conduct,transact and manage the business of theAssociation. Should said meeting fall upon alegal holiday, then that meeting shall be held atthe same time on the next day which is not alegal holiday, excluding Saturday and Sunday.Notice of the time and place of such meetingshall be posted at a prominent place or placeswithin the Association Property and shall becommunicated to the Board Members not lessthan four (4) days prior to the meeting. However,

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notice of a meeting need not be given to BoardMembers who have signed a waiver of notice ora written consent to the holding of the meeting. lfthe Association Property consists only of aneasement or is otherwise unsuitable for postingof such notice, the Board shall communicate thenotice of the time and place of such meeting byany means it deems appropriate.

7.2 Special Meetinqs. Specialmeetings of the Board shall be held when calledby written notice signed by the President of theAssociation, or by any two Directors other thanthe President. The notice shall specify the timeand place of the meeting and the nature of anyspecial business to be considered. The noticeshall be sent to all Directors and posted at aprominent place or places within AssociationProperty or communicated to all Members in thesame manner required for notice of regularmeetings not less than seventy-two (72) hoursprior to the scheduled time of the meeting,provided that notice of the meeting need not begiven to Board Members who have signed awaiver of notice or a written consent to theholding of the meeting.

7.3 Quorum. A majority of the numberof Directors shall constitute a quorum for thetransaction of business. Every act performed ordecision made by a majority of the Directorspresent at a duly held meeting at which a quorumis present shall be regarded as the act of theBoard.

7.4 Emerqencv Meetinqs. Anemergency meeting of the Board may be calledby the President of the Association or by any two(2) members of the Board, other than thePresident, if there are circumstances that couldnot have been reasonably foreseen which requireimmediate attention and possible action by theBoard and which of necessity make it impracticalto provide notice as required by Section 7.5below.

7.5 Notice to Members. Membersshall be given notice of the time and place of anyBoard meeting, except for an emergencymeeting, at least four (4) days prior to themeeting. Notice may be given by posting the

notice in a prominent place or places withinAssociation Property, by mail or delivery of thenotice to each Owner, or by newsletter or similarmeans of communication. For purposes of thenotice requirements, a "meeting" of the Boardincludes any congregation of a majority of themembers of the Board at the same time andplace to hear, discuss or deliberate upon anyitem of business scheduled to be heard by theBoard except those matters that may bediscussed in executive session.

7.6 Telephonic/Electronic Meetinqs.The Board may conduct meetings and takeaction by teleconference or electronictransmissions if all of the requirements set forthin California Civil Code Sections 4090, 4910, and4925, as applicable, are satisfied.

7.7 Open Meetinqs. Regular andspecial meetings of the Board shall be open to allMembers of the Association, except for meetingsof the Board held in executive session. Areasonable time limit for all Members of theAssociation to speak to the Board or before ameeting of the Association shall be establishedby the Board.

7.8 Executive Session. The Boardffiay, with the approval of a majority of itsMembers present at a meeting in which a quorumfor the transaction of business has beenestablished, adjourn a meeting and reconvene inexecutive session to discuss and vote uponpersonnel matters, litigation in which theAssociation is or may become involved,disciplinary matters, and orders of business of asimilar nature. lf requested by a Member whomay be subject to a fine, penalty or other form ofdiscipline imposed by the Association, the Boardshall meet in executive session; and the Membershall be entitled to attend the executive session.The nature of any and all business to beconsidered in executive session shall first beannounced in open session. Any matterdiscussed in executive session shall be generallynoted in the minutes of the Board.

7.9 Action Without Meetino. TheBoard may take actions without a meeting if all ofits Members consent in writing to the action to be

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taken. lf the Board resolves by unanimouswritten consent to take action, an explanation ofthe action taken shall be posted at a prominentplace or places within Association Property withinthree (3) days after the written consent of allBoard Members have been obtained.

7.10 Schedule of Monetarv Penalties.The Board shall adopt and distribute to eachMember, by personal delivery or first-class mail,a schedule of the monetary penalties that may beassessed for violations of the governingdocuments. The Board shall not be required todistribute any additional schedules of monetarypenalties unless there are changes from theschedule in effect.

7.11 Minutes of Meetinqs of Directors.The minutes, minutes proposed for adoption thatare marked to indicate draft status, or a summaryof the minutes, of any meeting of the Board, otherthan an executive session, shall be available toMembers within thirty (30) days of the meeting.The minutes, proposed minutes, or summaryminutes shall be distributed to any Member of theAssociation upon request and uponreimbursement of the Association's costs formaking that distribution. Members of theAssociation shall be notified in writing at the timethat the pro forma budget required in CaliforniaCivil Code Section 5300 is distributed, or at thetime of any general mailing to the entiremembership of the Association, of their right tohave copies of the minutes of meetings of theBoard, and how and where those minutes maybe obtained.

ARTICLE VIII

OFFICERS AND THEIR DUTIES

8.1 Enumeration and Term. Theofficers of this Association shall be a Presidentand Vice President, who shall at all times beMembers of the Board; a Secretary; a ChiefFinancial Officer; and, such other officers as theBoard may from time to time by resolution create,who may or may not be Members of the Board.Each officer shall be elected annually by theBoard and each shall hold office for one (1) yearunless such officer shall sooner resign, or shall

be removed, or othenruise be disqualified toserve.

8.2 Election of Officers. The electionof officers shall take place at the first meeting ofthe Board following each annual meeting of theMembers.

8.3 Special Appointments. The Boardmay elect such other officers as the affairs of theAssociation may require, each of whom shall holdoffice for such period, have such authority, andperform such duties as the Board may, from timeto time, determine.

8.4 Resiqnation and Removal. Anyofficer may be removed from office (but not fromthe Board, if such officer is also a Board Member)by the Board with or without cause. Any officermay resign at any time by giving written notice tothe Board, the President or the Secretary. Suchresignation shall take effect on the date of receiptof such notice or at any later time specifiedtherein, and unless othenvise specified therein,the acceptance of such resignation shall not benecessary to make it effective.

8.5 Filling Vacancies. A vacancy inany office may be filled by appointment by theBoard. The officer appointed to such vacancyshall serve for the remainder of the term of thereplaced officer.

8.6 Multiple Offices. The offices ofSecretary and Chief Financial Officer may beheld by the same person. No person shallsimultaneously hold more than one of any of theother offices except in the case of special officescreated pursuant to Section 8.3 of these Bylawsentitled "Special Appointments."

8.7 Duties. The duties of officers areas follows:

8.7.1 President: The Presidentshall be the chief executive officer of theAssociation and shall, subject to thecontrol of the Board, have generalsupervision duties and control of thebusiness and the officers of theAssociation. The President shall preside

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at all meetings of the Board; shall see thatorders and resolutions of the Board arecarried out; shall sign all leases,mortgages, deeds and other writteninstruments; and, shall be designated asone of the officers authorized to co-signallchecks and promissory notes.

8.7.2 Vice-President: The VicePresident, if any, shall act in the placeand stead of the President in the event ofthe President's absence, inability orrefusal to act, and shall exercise suchpowers and discharge such duties as maybe required of the Vice President by theBoard.

8.7.3 Secretarv: The Secretaryshall record the votes and keep at theprincipal office of the Association theminutes of all meetings and proceedingsof the Board and of the Members; servenotice of meetings of the Board and of theMembers; keep at the principal office ofthe Association appropriate currentrecords showing the Members of theAssociation together with their addresses;and, perform such other duties asrequired by the Board.

8.7.4 Chief Financial Officer:The Chief Financial Officer shall receiveand deposit in appropriate bank accountsall monies of the Association and shalldisburse such funds as directed byresolution of the Board; shall bedesignated as one of the officersauthorized to co-sign all checks andpromissory notes of the Association; and,shall keep proper books of account.

ARTICLE IX

COMMITTEES

9.1 Nominatinq Committee. TheBoard shall appoint a Nominating Committee, asprovided in these Bylaws. ln addition, the Boardshall appoint other committees as deemedappropriate in carrying out its purposes.Committee members shall serve at the pleasure

of the Board, and may be removed with orwithout cause. All committees shall keep writtenminutes of their proceedings, report theirproceedings to the Board, and file their minuteswith the Secretary.

9.2 Riqht to Repair Act ClaimsCommittee. On the date that the first non-Declarant Board member is elected to the Board,the Board shall form a Board committee (the"Claims Committee") for the sole purposes of (a)deciding whether to pursue any claims that theAssociation may have from time to time that aresubject to the functionality standards set forth inCalifornia Civil Code Section 895, ef seq. (or"Right to Repair Act'), for Association Property,Association Maintenance Areas and/or otherlmprovements that the Association is obligated toMaintain, repair and replace pursuant to theDeclaration, in conformance with the proceduresset forth in the Master Dispute ResolutionDeclaration, and (b) managing and administeringall such claims, including without limitation filing,processing, prosecution, and/or settlementdecisions of the Association pursuant to theMaster Dispute Resolution Declaration arising outof, with respect to, or related to any such claims,including any action, demand, decision, orconsent of the Association under Sections 910through 938, inclusive of the Right to Repair Act(collectively, "Claims Matters"). The ClaimsCommittee shall be comprised of all non-Declarant Board members and no other Boardmembers, even if that means the committee shallhave only one member. The Board shalldelegate all Board authority to act with respect toClaims Matters to the Claims Committee, subjectto the provisions of this Section 9.2.

9.2.1 Notice and Place ofMeetinqs. Written notice of meetingscalled by or of the Claims Committee shallbe given to all Members by mailing a copyof such notice, postage prepaid, at leastten (10) days but not more than ninety(90) days before the date of suchmeeting. Such notice shall specify theplace, day and hour of the meeting, andthe nature of the business to betransacted.

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9.2.2 Quorum. The presence atthese meetings in person of at least fifty-one percent (51o/o) of Members other thanDeclarant as of the meeting date shallconstitute a quorum for any action to betaken or decision to be made on anyClaims Matter for which these Bylawsrequire Member consent or approval as aprerequisite to Claims Committee action,decision, demand, or consent. Thepresence at these meetings in person ofat least fifty-one percent (51%) of theClaims Committee members shallconstitute a quorum for any action to betaken or decision to be made on anyClaims Matter for which these Bylaws donot require Member consent or approvalas a prerequisite to Claims Committeeaction, decision, demand, or consent.

9.2.3 Requirements for ClaimsCommittee Actions. Unless providedotherwise in this Section 9.2.3, the ClaimsCommittee shall act or make decisionsregarding or related to any Claims Matterby majority vote of the Claims Committee.Notwithstanding the foregoing, thefollowing approvals/consents are requiredfor the following actions or matters withrespect to or related to any Claims Matter:

(a) Required Percentage ofMembers to Take Certain Actions:

(i) The approval of at leastseventy-five percent (75%) of allOwners other than Declarant shallbe required for the ClaimsCommittee to take any of thefollowing actions:

(1) lnitiate any claimagainst Declarant pursuant tothe provisions set forth inSection 910 of the Right toRepair Act;

(2) Demand or requestdocuments and informationfrom Declarant pursuant to theprovisions set forth in Section

912 of the Right to Repair Act;or

(3) Pursue any and allClaims Matters againstDeclarant upon the occurrenceor omission of any event thatallows the Association to filean action against Declarantpursuant to the provisions setforth in Section 910, ef seq., ofthe Right to Repair Actincluding without limitationpursuant to the provisions setforth in Sections 915, 916(d),920,925,926, and 930 of theRight to Repair Act; provided,however, that nothing in thisSection 9.2.3(a)(i)(3), or theOwners' consent hereundershall relieve the Associationand each Owner of theirobligation to follow theprocedures set forth in ArticleXlV, Section 14.3 of theDeclaration and the provisionsof the Master DisputeResolution Declaration.

(b) The approval of at least fifty-one percent (51%) of all Owners otherthan Declarant shall be required forthe Claims Committee to take any ofthe following actions:

(i) Accept any offer madeby Declarant to repair any allegeddefects and pay related damages,or for the Claims Committee torequest additional contractorspursuant to the provisions set forthin Section 918 of the Right toRepair Act; or

(ii) Accept anyoffer made by Declarant to pay acash settlement without makingany repairs of any alleged defectspursuant to the provisions set forthin Section 929 of the Right toRepair Act.

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9.2.4 Termination of ClaimsCommittee. The Claims Committee shallimmediately cease to exist uponoccurrence of one of the following,whichever date is earlier: (a) fifty-onepercent (51%) of all votes are held byOwners other than Declarant; (b) fee titleto seventy-five percent (75%) of allResidences are held by persons otherthan Declarant; or (c) at least fifty-onepercent (51%) of Directors were electedby Members other than Declarant. Uponthe termination of the Claims Committee,the requirements for Owners' approval orconsent with respect to Claims Mattersset forth in Section 9.2.3 shall terminate,the Board shall have sole authority overall Claims Matters, and any actionsundertaken or commenced by the ClaimsCommittee shall be further managed andhandled by the Board; provided, however,that members of the Board of Directorswho were appointed by Declarant and arenot Owners of a Residence within theProject shall not be eligible to vote uponClaims Matters.

ARTICLE X

BOOKS AND RECORDS

10.1 lnspection bv Members. Theinspection of Association records by a Member orMember's duly appointed representative, shall begoverned by California Civil Code Section 5205including, but not limited to, the fees and chargespayable by a Member for such inspection ofAssociation records.

10.2 lnspection bv Directors. EveryDirector shall have the absolute right at anyreasonable time to inspect all books, records,and documents of the Association and thephysical properties owned or controlled by theAssociation. The right of inspection by a Directorincludes the right to make extracts and copies ofdocuments at the expense of the Association.

10.3 Declarant's Riqht to Records.Declarant shall be entitled to copies of minutes ofthe Board of Directors and annual meetings for a

period of ten (10) years commencing from thedate of the last conveyance of a Residence.Declarant shall reimburse the Association for thereasonable costs of reproduction and delivery toDeclarant of the Board minutes and minutes ofannual meetings.

10.4 lnspection bv lnstitutionalMortqaqees. Project Documents and Associationrecords shall be made available to lnstitutionalMortgagees upon written request during normalbusiness hours and/or under other reasonablecircumstances. lf requested by an lnstitutionalMortgagee, the Association shall prepare andprovide within a reasonable time an auditedfinancial statement of the Association for theimmediately preceding fiscal year.

10.5 Distribution of Proiect Documents.Within ten (10) days of a written request by aMember, the Association shall provide to theMember current copies of the ProjectDocuments. A charge for the copies may bemade by the Association, which shall not exceedthe reasonable costs of preparation, reproductionand mailing.

10.6 Review of Financial Records. TheBoard shall review on at least a quarterly basis acurrent reconciliation of the Association'soperating and reserve accounts, the currentyear's actual reserve revenues and expensescompared to the current year's budget and anincome and expense statement for theAssociation's operating and reserve accounts. lnaddition, the Board shall review the latestaccount statements prepared by the financialinstitutions where the Association has itsoperating and reserve accounts. For purposesherein, "reserve accounts" shall mean moniesthat the Association's Board has identified fromits annual budget for use to defray the futurerepair or replacement of, or additions to, thosemajor components which the Association isobligated to maintain.

1O.7 Reserve Account WithdrawalRestrictions. The Board shall require at least two(2) signatures for the withdrawal of monies fromthe Association's Reserve Accounts or CostCenter Reserve Accounts, who either shall be

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Members of the Board or one (1) Member of theBoard and one (1) officer who is not a Member ofthe Board.

ARTICLE XI

ASSESSMENTS

11.1 As more fully provided in theDeclaration, each Member is obligated to pay tothe Association Regular and SpecialAssessments which are secured by a lien uponthe Residence against which the Assessment ismade. Assessments shall be delinquent andbear interest as provided in the Declaration. TheAssociation may bring an action at law againstthe owner personally obligated to pay the sameor record a Notice and foreclose the lien againstthe Residence. Additional Charges, interest,costs, and reasonable attorneys' fees of any suchaction shall be added to the amount of suchAssessment. No Owner may waive or othen¡riseavoid liability for the Assessments provided forherein by nonuse of Association Property orabandonment of a Residence.

ART¡CLE XII

AMENDMENTS

12.1 Prior to close of escrow on thesale of the first Residence, Declarant may amendthese Bylaws. After sale of the first Residence,these Bylaws may be amended by the affirmativevote or written consent of Members representinga majority of a quorum of the Association and amajority of the votes or written consent ofMembers other than the Declarant; or where thetwo (2) class voting structure is still in effect, byvote of a majority of each class of Members.However, the percentage of voting powernecessary to amend a specific clause orprovision shall not be less than the prescribedpercentage of affirmative votes required foraction to be taken under that clause. The votingshall be done by secret ballot and in compliancewith the election rules adopted by the Associationpursuant to California Civil Code Section 5105.

12.2 Declarant (at any time prior to thesale of all Residences in the Project) or the Board

(after the sale of all Residences in the Project),shall have the unilateral right to amend theseBylaws without the approval of Members in orderto bring these Bylaws into compliance with allrequirements and regulations of any federal orstate agency, an insurer or governmentalguarantor of a First Mortgage, or federallyinsured Mortgagee and/or lender including, butnot limited to, FHA, VA, FNMA and/or FHLMC, orto correct errors, mistakes or conflictingprovisions in these Bylaws.

ARTICLE XIII

DISCIPLINARY PROCEDURES

13.1 Notice and Hearinq. lf a Memberor a Member's invitee appears to have damagedor permitted damage to occur to any portion ofthe Project which the Association is responsiblefor maintaining, or if a Member appears to be inviolation of any provision of the ProjectDocuments, and the provisions of the ProjectDocuments require that Notice and Hearing beprovided, the Association shall give written noticeto the Member and the opportunity to be heardbefore disciplinary action authorized under ArticleX of the Declaration may be imposed by theAssociation. The Association shall initiate anysuch Notice and Hearing as follows:

13.1.1 Notice. The Board shallgive written notice to the Owner at leastten (10) days prior to the meeting at whichthe Board will consider imposingdisciplinary action. Such notice shall setforth those facts that the Board believesjustify disciplinary action, the nature of thealleged violation or conduct, the time andplace of the meeting, a statement that theMember has a right to attend and mayaddress the Board, and that theAssociation may levy a ReimbursementAssessment and/or Additional Chargesagainst the Member. The notice shall begiven personally to such Member or sentby first class registered mail to the lastaddress of such Member as shown on therecords of the Association.

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13.1.2 Hearino. The hearing shallbe conducted in the County in which theProject is located, at a place designatedin the notice to the accused Member, by acommittee composed of not less thanthree (3) nor more than five (5) BoardMembers, and shall meet in executivesession if requested by the Member. Thehearing shall be presided over by thePresident, who shall perform the followingduties:

(a) Read the charges against theMember;

(b) Require that the charges beverified by testimony of the person orpersons making them;

(c) Hear any other witnessesagainst the Member;

(d) Allow the subject Member tocross examine each witness followingthe testimony of that witness;

(e) Allow the Member to make astatement in his or her own behalf;

(0 Allow the Member to callwitnesses in his or her own behalf;and

(g) Allow the Members of thecommittee conducting the hearing toquestion the witnesses after they havebeen questioned by the Member.

The committee conducting the hearingshall conduct the hearing in good faith and in afair and reasonable manner. The committeeshall have the exclusive power and authority todecide that the proposed disciplinary action notbe imposed.

13.2 Decision. The committee shallnotify the Member in writing of its decision withinfifteen (15) days of the hearing and deliveredpersonally to such Member or sent by first classregistered mail to the last known address of suchMember as shown on the records of the

Association. The decision of the committee shallbe final. However, nothing herein shall beconstrued to prevent the Association from makingany emergency repairs or taking any otheremergency action it deems necessary andsubsequently providing Notice and Hearing.

ARTICLE XIV

MISCELLANEOUS

14.1 Compensation. No Director orOfficer shall receive compensation for anyservice he/she may render to the Association.However, any Director or Officer may bereimbursed for his/her actual expenses, ifreasonable, incurred in the performance ofhis/her duties.

14.2 iscal Yea Unless otherwisechanged by the Board, the fiscal year of theAssociation shall begin on the first day of Januaryand end on the 31't day of December of everyyear, except that the first fiscal year shall beginon the close of escrow on the first sale of aResidence.

14.3 Successor Statutes. Anyreference in these Bylaws to a statute shall bedeemed a reference to any amended orsuccessor statute.

14.4 lnterpretation. ln the case of anyconflict between the Articles of lncorporation andthese Bylaws, the Articles shall control; and in thecase of any conflict between the Declaration andthese Bylaws or the Articles, the Declaration shallcontrol. ln case any of these Bylaws conflict withthe provisions of any California statute, theprovisions of said statute shall control.

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CERTIFICATION

l, the undersigned, the duly elected Secretary of Blackstone at The Cannery HomeownersAssociation, a California nonprofit mutual benefit corporation, do hereby certify that:

The within and foregoing Bylaws were adopted as the Bylaws of said corporation on DecemberI S , 2015, and that the same do now constitute the Bylaws óf saiO corporation.

lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of saidcorporation on December tS, 2015.

Name: T#ñV ØuOOs

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Blackstone at the Cannery Homeowners Association

December 2015

ASSOCIATION RULES

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TABLE OF CONTENTS

PREFACE ..................................................................................................................................................... 3 GENERAL INFORMATION .......................................................................................................................... 4

COMMON AREAS ................................................................................................................................... 4 BOARD OF DIRECTORS ........................................................................................................................ 4 ANNUAL MEETINGS ............................................................................................................................... 5 FINANCIAL REVIEWS OR AUDITS ........................................................................................................ 5 INSURANCE INFORMATION .................................................................................................................. 5

ASSOCIATION RULES ................................................................................................................................ 5 CHANGES IN ASSOCIATION RULES .................................................................................................... 5 RENTAL REQUIREMENTS ..................................................................................................................... 5 RESPONSIBILITY FOR PETS ................................................................................................................. 6 VEHICLE AND PARKING REGULATIONS ............................................................................................ 6 GARAGES ............................................................................................................................................... 6 PARKING and VEHICLES ...................................................................................................................... 6 GARBAGE AND REFUSE DISPOSAL ................................................................................................... 7 ENVIRONMENTAL CONTROL ................................................................................................................ 7 BURNING ................................................................................................................................................. 7 ANTENNAS AND SATELLITE DISHES .................................................................................................. 7 SIGNS ....................................................................................................................................................... 8 SOUND TRANSMISSIONS AND ATTENTUATION ................................................................................ 8 SPORTS APPARATUS ............................................................................................................................ 8 EXTERIOR APPARATUS ........................................................................................................................ 9 WINDOW COVERINGS ........................................................................................................................... 9 RESTRICTIONS IN PRIVATE YARDS .................................................................................................... 9 RESTRICTIONS ON DECKS AND PATIOS ............................................................................................ 9 RESTRICTIONS ON SMOKING .............................................................................................................. 9 NUISANCES ............................................................................................................................................. 9 VIOLATIONS OF THE ASSOCIATION RULES .................................................................................... 11 GOVERNING DOCUMENTS ENFORCEMENT POLICY ...................................................................... 11 ATTORNEY FEES AND COSTS ........................................................................................................... 12 FINE SCHEDULE ................................................................................................................................... 12 ALTERNATIVE DISPUTE RESOLUTION ............................................................................................. 12

DESIGN GUILDELINES ............................................................................................................................. 12 ALTERATIONS TO LOTS AND RESIDENCES .................................................................................... 13 POST TENSION FOUNDATIONS.......................................................................................................... 13 SOLAR ENERGY SYSTEMS ................................................................................................................. 13 DRAINAGE ............................................................................................................................................. 13

ARCHITECTURAL CONTROL COMMITTEE ............................................................................................ 14 ESTABLISHMENT AND COMPOSITION OF THE COMMITTEE ......................................................... 14 DUTIES OF THE ARCHITECTURAL CONTROL COMMITTEE ........................................................... 14 GUIDELINES FOR SUBMITTAL OF ARCHITECTURAL PLANS ........................................................ 14 HOME IMPROVEMENT APPLICATION ................................................................................................ 16 MAINTENANCE RESPONSIBILITY CHART – EXHIBIT A .................................................................. 19 DELINQUENT ASSESSMENT COLLECTION POLICY – EXHIBIT B .................................................. 22 BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION ELECTION RULES – EXHIBIT C ............................................................................................................................................................. 24 MOVE IN / MOVE OUT GUIDELINES – EXHIBIT D ............................................................................. 30 MOVE-IN/MOVE-OUT AGREEMENT .................................................................................................... 31

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PREFACE This handbook has been compiled by your Homeowners Association to outline the operating procedures of the Association and to provide other information about your Association. Each owner should have received a copy of the Covenants, Conditions and Restrictions (CC&R’s), Bylaws, and the Articles of Incorporation for Blackstone at the Cannery Homeowners Association. These Association Rules supplement the CC&Rs. Please become familiar with the governing documents, since they set forth in detail, the rights, duties and obligations of each owner. All Homeowners are required to abide by the Governing Documents and must provide their tenants with copies. If there are any questions, or if you do not have copies of all of the Association’s Governing Documents, please contact the management company in writing or by email at:

BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION C/o Landmark Limited Group

1731 E. Roseville Pkwy., Suite 100 Roseville, California 95661

916-746-0011 * FAX 916-746-0088 www.landmarklimited.net

[email protected]

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GENERAL INFORMATION The purpose of your Homeowners Association is to operate and maintain the project and assets of the Association for the mutual benefit of all Homeowners. Each Homeowner is a member of the BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION. And owner participation is both necessary and encouraged.

COMMON AREAS Common areas within the community include all space not designated as an individual lot and include such areas as common landscaping, private streets, cluster mailboxes and common area walls. It is the responsibility of the Board to protect, maintain and enhance all Common Area property. To report problems related to the Association’s common area (such as landscaping, cluster mailboxes, private streets or common area walls etc.) contact:

BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION C/o Landmark Limited GROUP

1731 E. Roseville Pkwy, Suite 100 Roseville, California 95661

916/746-0011 * FAX 916/746-0088 www.landmarklimited.net

[email protected] BOARD OF DIRECTORS The Homeowners Association is governed by a Board of Directors that is made of members of the Association. Their primary responsibility is to make decisions that pertain to Association matters. The Board of Directors hold regular quarterly meetings at a time and place determined by the Directors. Regular and Special Meetings of the Board of Directors are open to all Homeowners with the exception of the Executive Sessions, and all owners are encouraged to attend. The nature of all business to be considered in Executive Session will first be announced in open session. Executive Session is a meeting of the Board of Directors to discuss issues such as homeowner discipline, legal and vendor contracts. But, they can include items that individual homeowners would like to bring to the Board’s attention while remaining anonymous to their fellow homeowners. Homeowners may request the Board address a specific topic at the next meeting by submitting a letter or email to the Board requesting the item of discussion be placed on the agenda. Letters should be mailed to Landmark Limited, 1731 E. Roseville Parkway, Suite 100, Roseville, CA 95661 or email [email protected]. The approved minutes of all meetings, other than Executive Session, shall be available

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to any Homeowner upon request. The Association is permitted to charge for all copies provided. ANNUAL MEETINGS Annual Meetings are held to elect Board members. The meeting notice of date, time and location will be mailed to all homeowners of record prior to the meeting. In order to convene the Annual Meeting a quorum (51%) of homeowners must either attend in person or mail in their ballot. FINANCIAL REVIEWS OR AUDITS An independent review or audit of the financial statements is prepared at the end of each fiscal year and is mailed to the Homeowners upon completion. INSURANCE INFORMATION The Association carries property, general liability, Directors and Officers, and Workers Compensation insurance. Any Association member may, upon request, receive copies of the policies. Association members should consult with their individual insurance agent for appropriate personal property and liability coverage.

ASSOCIATION RULES CHANGES IN ASSOCIATION RULES The Board of Directors has the right to change these Association Rules to uphold and ensure compliance in accordance with changes in the law made. In the event that changes are made, notice will be provided to all Owners, and shall supersede the original rule, or retain the same force and effect as if initially made part of the Association Rules. RENTAL REQUIREMENTS 1) As required by the Conditions of Approval, not less than seventy-five (75%) of all

Residences shall be owner-occupied. The leasing of Residences as a regular practice for business, speculative investment or other similar purpose is not permitted; provided, however, special situations and unusual hardship or special circumstances will be considered.

2) Owners who wish to lease or otherwise assign occupancy rights to a specified lessee for a specified period which the initial lease period shall be not less than six (6) months.

3) Owners are held responsible for the action and behavior of their tenants and guests, and are financially liable for damage to the Common Area and for violation of the Rules.

4) Owners must notify the management company of the rental of their home and provide the tenant’s name and a copy of the signed rental agreement.

5) The Owner shall provide a copy of the Governing Documents to their tenant.

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RESPONSIBILITY FOR PETS 1) An Owner may keep a reasonable number of customary uncaged household pets.

Each Owner may also keep a reasonable number of small caged animals, birds or fish.

2) No animals may be kept for commercial purposes. 3) The Board shall have the right to prohibit the keeping of any pet which, after Notice

and Hearing, is found to be a nuisance to other Owners. 4) No dog shall be allowed in the Common Area unless it is under the control of a capable

person and on a leash. 5) Each Owner or Invitee shall clean after its pet in the Common Areas. 6) No animals, livestock or poultry of any kind shall be raised, bred or kept in any

Residence. VEHICLE AND PARKING REGULATIONS Parking is very important at Blackstone at the Cannery. Vehicles may be parked within the Development only as follows: GARAGES 1) Garage Parking: Residents shall utilize a Residence’s garage as the primary parking

location for the parking of a Resident’s vehicle(s). Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed.

2) Garage doors must be equipped with automatic garage door openers and must be kept closed when not in use. Garages are to be used for the parking of Authorized Vehicles and boats or the storage of similar items of personal property.

3) Garages shall not be converted to living quarters, workshops or storage which will preclude the parking of the number of Authorized Vehicles for which the garage was designed to hold.

PARKING and VEHICLES 4) No automobile or other vehicle may be dismantled, repaired or serviced in the Project

except within an enclosed garage and provided that such repair work is not undertaken as a business and is not creating a nuisance to others. Residents may perform emergency repairs outside of the garage area only as may be necessary to move the vehicle. Emergency repairs shall not include ordinary maintenance such as oil changes, etc.

5) Guest Parking: Guest and invitees of Owners or residents may park Authorized Vehicles in the same manner as permitted by Owners or residents.

6) Uncovered parking spaces are only for the temporary parking of Authorized Vehicles of guests or invitees of Owners, tenants or occupants of Residences.

7) There shall be no parking (other than in Permitted Parking Areas) on the private streets within the project, temporarily or otherwise, nor in areas signed and/or striped as “No Parking” or “No Parking – Fire Lane”.

8) The electric charging station and appurtenant parking space located within the Project shall be for the exclusive use of electric vehicles between the hours of 8 a.m. to 8 p.m.

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9) No boat, trailer, camper, off-road vehicle, golf, commercial vehicle, mobile home, motor home, bus, other recreational vehicle or dilapidated vehicle shall be parked or stored in any Permitted Parking Areas. Boats may only be parked or stored in garages (i.e. not in the driveway, front, rear or side yards, or in guest parking spaces.)

10) Unlicensed vehicles may not be operated, parked, or stored anywhere on the Project. 11) Driveways and driveway aprons shall not be used for the parking storage of any

vehicles for any reason, temporary or otherwise. 12) Commercial Vehicles shall not be parked within the Project except for purposed of

loading or unloading, and then for periods not in excess of six (6) hours. This restriction shall not apply to Commercial Vehicles involved in construction activities in the Project or vehicles owned and operated by persons providing services during the time when the services are being rendered.

GARBAGE AND REFUSE DISPOSAL 1) Residents must be certain all garbage and refuse is disposed of properly in their

garbage receptacle. 2) Garbage containers may be placed in the location designated by the garbage

collection company, no earlier than 6 a.m. the day before and put away no later than midnight the day that pick-up is to occur.

3) Other than collection days the garbage containers must be stored out of sight. 4) No rubbish, trash, garbage or other waste material shall be kept or permitted in any

Residence except in appropriate sanitary containers, and shall be regularly removed from the Project. All storage piles shall be kept screened and concealed from view of other Residences, streets and Association Property.

ENVIRONMENTAL CONTROL No person(s) shall discharge into the Association’s sewer system or storm drain any toxic or noxious matter as to be detrimental to or endanger the public’s health, safety or welfare. The owner or resident is liable under state and federal law for clean-up and/or for damage to neighboring property as a result of such activity. BURNING Only barbeque fires and fires contained within receptacles designed for such purposes may be allowed in the exterior of a Residence. Propane or electric powered barbeques or other similar equipment may be used so long as such use does not create a nuisance to neighboring Residences. Per California Fire Code charcoal burners another open flame cooking devices shall not be used, operated or stored on combustible balconies, porches, patios or decks. ANTENNAS AND SATELLITE DISHES No Owner shall install any Antenna Equipment: 1) On any real property which such Owner is not entitled to exclusively use or control, as

provided in any Antenna Laws.

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2) In a particular location if, in the Association’s or ACC’s opinion, the installation, location or maintenance of such Antenna Equipment unreasonably affects the safety of the Owners or any other person.

3) That is of a size larger than is permitted under the Antenna laws. Antenna Equipment shall be one (1) meter or less in length or diameter or diagonal measurement, provided that the location, color and screening requirements shall be in accordance with any guidelines imposed by the ACC.

SIGNS No signs or flags shall be displayed from view on or from any Lot, Residence, Association Property or any portion of the Project without the approval of the Association, except as follows: 1) Noncommercial signs or posters not to exceed nine (9) square feet in size may be

displaced from a Lot or Residence. 2) Noncommercial flags or banners not to exceed fifteen (15) square feet in size may be

displayed from a Lot or Residence. 3) One sign of customary and reasonable dimensions, not to exceed four (4) feet in

height and four (4) feet in width, advertising a Lot of sale, lease, rent or exchange may be displayed from a Lot or Residence.

SOUND TRANSMISSIONS AND ATTENTUATION No Condominium Unit shall be altered in any manner that would increase sound transmissions, resonances or reverberations to any adjoining or adjacent Unit(s) including, but not limited to, replacement, modification or penetration of any flooring, floor covering, ceiling or wall, installation of recessed lighting, stereo speakers or the penetration of any floor, ceiling or wall that increases sound transmissions, resonances or reverberations to any other Unit. Owners are specifically prohibited from installing “built-in” speaker systems that penetrate ceilings and walls, and mounting any television or video screen to walls that are directly adjacent to another Unit. Any alterations to the flooring and floor coverings (including hard surface or wood flooring in lieu of carpeting) and/or the installation of televisions, video screens, speakers or home theater systems in the interior of a Unit by an Owner (other than Declarant) requires approval from the ACC, as set forth in Article VI of the CC&R’s, and the ACC shall not approve any such installations unless there is an appropriate level of acoustical separation designed and approved by a licensed engineer. SPORTS APPARATUS 1) No basketball standards, sports apparatus, skateboard or bicycle ramps or similar

equipment shall be attached to the exterior of any Residence or erected, constructed or placed on a Residence or in any Association Property.

2) Portable sports apparatus shall be kept out of view from Association Property or the Residences when not in use.

3) Playing times shall not disturb the quiet enjoyment of other Owners.

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EXTERIOR APPARATUS In keeping with Assembly Bill 1448, the use of clotheslines or drying racks may be used in the backyard if the materials cannot be seen from the Common Area. Balconies, railings, or other parts of the structure or building shall not be considered a clothesline or drying rack.

WINDOW COVERINGS 1) Window coverings must be installed on all windows visible from the streets serving

the project within ninety (90) days after conveyance of the Residence by Declarant. 2) No foil, film or other reflective materials, bed sheets, newspaper, paint or other non-

standard materials shall be used for any permanent window coverings. 3) Windows shall be covered by drapes, shades, shutters or other window coverings. 4) All window coverings visible from other Lots or Association Property shall be of a

material, design and color which is, in the opinion of the Board or ACC compatible with the exterior design and coloration of the Project.

RESTRICTIONS IN PRIVATE YARDS Any Lots subject to and benefitting from a Private Yard Easement (PYE) are prohibited from making Alterations, installations and/or modifications to Residences and side yards that add or enlarge openings (e.g., windows, etc.) or add accessory structures including, but not limited to, sunrooms, spas, hot tubs, play equipment, shed, etc. These Lots are also subject to the terms and conditions as outlined in Article IV, section 20 of the CC&R’s for your reference. RESTRICTIONS ON DECKS AND PATIOS No storage of any kind shall be permitted on Decks or Patios with the exception of normal and customary furniture and propane or gas operated barbeques only. Potted plants and planters must be raised off of the surface. Decks shall not be used for storage, and personal items may not be draped over the railings. Owners must take appropriate precautions to prevent the waterproof membrane surface from being penetrated by sharp objects. Please refer to Article IV, section 21 for the prevention of surface damage. In the event that the waterproof membrane surface is damaged, Owners must promptly notify the Association. RESTRICTIONS ON SMOKING Owners, residents and guests are prohibited from smoking cigars, cigarettes, hookahs, pipes or other lighted or heated tobacco intended for inhalation in any manner or in any form in any Association Property area. In addition, for Owners of Condominiums, there shall be no smoking in the interior of the Unit. NUISANCES No noxious, illegal or offensive activity shall be carried on upon any Residence, or in

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any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or nuisance to or in any way interferes with the quiet enjoyment of each Owner’s Residence or the Association Property.

MAINTENANCE OBLIGATIONS ASSOCIATION MAINTENANCE OBLIGATIONS The Association shall maintain or provide for the maintenance, repair and replacement of all Association property and improvements located thereon. 1) The Association shall maintain, repair or replace any pedestrian entry gates to the

project. 2) The Association shall maintain, repair or replace the vehicular private streets. 3) The Association shall maintain, repair or replace the unenclosed front yard

landscaping and irrigation for all Lots up to, but not including, the fence/gate separating the front and side yard areas.

HOMEOWNER MAINTENANCE OBLIGATIONS The Homeowners are responsible for repairs and/or replacements of the interior surfaces of his/her Unit in good condition and repair, including all fixtures, appliances, appurtenances and fireplaces, if any. For a comprehensive list of Homeowner Maintenance Obligations, please refer to Exhibit A (attached). FAILURE OF OWNER TO MAINTAIN 1) If an owner fails to maintain his/her Lot or Residence, as provided herein, in a manner

which the Board reasonably deems necessary to preserve the safety, appearance and/or value of the Project, the Board may notify the Owner of the work required and request that it be done within a reasonable and specific period.

2) If the owners fails to perform such maintenance and/or repairs within said period, the

Board shall, subject to the notice and hearing requirements, have the right to enter the Lot and/or residence to cause such maintenance and/or repair work to be performed.

3) The costs of any such repair or maintenance shall be charged as a Reimbursement

Assessment to the Owner.

4) Owners shall perform the cosmetic maintenance, upkeep, cleaning and sweeping (as needed) to the surfaces, flooring and stairs of the Deck or Porch appurtenant to his/her Condominium, as applicable. Owners shall be solely responsible for the maintenance and working condition of the HVAC that serves his/her/their Unit, including any platform upon which HVAC equipment sits.

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VIOLATIONS OF THE ASSOCIATION RULES It is the right and duty of each Homeowner to report violations, in writing (or email) to the management company. Indications of or actual violations, will be brought to the attention of the Homeowner in writing by the management company following the policies established by the Board of Directors. For failure to correct the violation, the Owner could be subject to a fine or reimbursement assessment. Further failure to correct the violation may cause legal action to be taken. All expenses incurred by the Association to correct the violation will be the responsibility of the owner and they will be billed. For inquiries, comments, or concerns regarding violations please contact the management company. GOVERNING DOCUMENTS ENFORCEMENT POLICY To guarantee that the governing documents are applied fairly and consistently, the Association has set forth this procedural policy of enforcement. Every Homeowner shall be subject to the following: 1) If you are thought to be in violation of the Governing Documents of the Association,

the management company will send you a Courtesy Notice notifying you of the violation, and asking you to correct the problem.

2) If you do not correct the violation promptly, or if you do not otherwise respond to explain the situation, the management company will send a second letter or Final Notice asking again that you correct the violation.

3) If the violation is still not corrected within ten (10) days of the Final Notice, you will receive a notice from the management company stating an Executive Session Hearing has been scheduled before the Board of Directors.

4) For any activity or condition that the Association considers to be a threat to the health or safety of other residents, the Association may take immediate action to alleviate the health and/or safety concern and then give notice of the violation.

5) After written notice and an opportunity for a hearing in accordance with the Governing Documents, the Board may: a) Impose a fine per the fine schedule; b) Suspend a Homeowner’s right to vote. c) If a Homeowner fails to Maintain an Improvement which that Homeowner is

obligated to Maintain pursuant to this Declaration, and if the Association determines, after Notice and Hearing is provided pursuant to the provisions of the CC&R’s, that work must be performed to Maintain the Improvement to preserve the attractiveness, quality, nature, safety and/or value of the Project, the Association may Maintain the Improvement at the expense of the Homeowner and shall be charged to the Homeowners as a Reimbursement Assessment. In order to effectuate the provisions of this Declaration, the Association may enter any Lot whenever entry is necessary to Maintain an Improvement which the Association is authorized to undertake pursuant to this Section. Entry within a Lot shall be made with as little inconvenience to an Homeowner as practicable and only after reasonable advance written notice of not less than forty-eight (48) hours, exempt in emergency situations ;

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d) Charge to and recover from any Homeowner the costs which the Association incurs in bringing the Homeowner’s lot into compliance with the community standards or other requirements under the Governing Documents; and repairing damage to the Common Area resulting from the negligence or misconduct of such Homeowner or any occupant or guest of such Homeowner’s lot. Pursuant to California Civil Code Section 5740, the Association shall have the right to file a lien against the Owner’s lot to secure its right to recover costs described in Section 5.3.2 of the CC&Rs.

6) Notwithstanding, the sanctions authorized in this section, the Association shall not cause a forfeiture or abridgement of an Homeowner’s right to the full use and enjoyment of his or her lot.

ATTORNEY FEES AND COSTS In any action to enforce the governing documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys’ fees and court costs, reasonably incurred in such action. FINE SCHEDULE 1) FIRST FINE for any violation $100 2) 2nd fine for same violation within 15 months of first violation $200 3) 3rd fine for same violation within 15 months of first violation $300 4) Each additional fine for same violation with 15 month period of the first violation $400 ALTERNATIVE DISPUTE RESOLUTION In the event that it becomes necessary, the Association or any Homeowner has the right to bring a lawsuit to enforce all Conditions, Covenants, and Restrictions, liens and provisions outlined in the CC&Rs, as well as these Rules. The losing party may be required to pay the attorney fees of the prevailing party, as well as other costs. Currently, according to California law, most disputes between owners and the Association involving the Governing Documents must be submitted to Alternative Dispute Resolution (such as mediation or arbitration) before a lawsuit may be filed. The Association distributes notice of the Requirements for Alternative Dispute Resolution annually to all of the owners. DESIGN GUILDELINES The Design Guidelines shall interpret and implement the provisions of this Declaration by setting forth the standards and procedures for architectural materials, landscaping and similar features which may be used in the Project; provided, however, that the Design Guidelines shall not be in derogation of the minimum standards established by the CC&R’s.

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ALTERATIONS TO LOTS AND RESIDENCES Except for improvements constructed or installed by Builder, no building fence, wall or other structure or improvement shall be erected, altered or placed on any Lot until building plans, specifications and a plot plan showing the location of structures on the lots have been submitted to the Architectural Review Committee for review and approval as described in the Architectural Guidelines herein contained. POST TENSION FOUNDATIONS The foundations of buildings are post-tension foundations which are interconnected among clusters of Units. The Association and all Owners shall not make any Alterations, modifications, sawing, cutting, piercing, or drilling into the foundation of any building which may damage, impair or affect the structural integrity of the foundation. Alterations, modifications or Improvements that may affect the post-tension foundation requires written approval from the City. Additional requirements can be found in section 4.16 of the CC&R’s. SOLAR ENERGY SYSTEMS In accordance with California Civil Code 714 and 714.1 each Owner may install or use a solar energy system, as defined in California Civil Code 801.5, on the Owner’s Lot to serve his or her domestic needs, so long as (a) the design and location of the solar energy system meets the requirements of all applicable governmental ordinances and regulations, and (b) the design and location receives the prior written approval of the Architectural Control Committee (ACC), (or the Board if the ACC does not exist) subject to any conditions, terms and requirements that may be imposed on said Owner. DRAINAGE No owner shall do any work, construct any Improvement, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern of the Owner’s or any adjacent Lots or parcels or Common Area as established in connection with the approval of the final subdivision and parcel maps applicable to the Development, except to the extent such alteration in drainage pattern is approved in writing by the Architectural Control Committee, and all other public authorities have jurisdiction. SIDE AND REAR YARD LANDSCAPING Unless installed by the Declarant, the Owner is required to submit landscape plans to the ACC (or the Board if the ACC is not established), within 60 days after the close of escrow. Installation of the approved landscaping improvements shall be completed within sixty (60) days after the approval is received in writing. This provision is intended to apply for original purchasers of the Lot from the Declarant.

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ARCHITECTURAL CONTROL COMMITTEE ESTABLISHMENT AND COMPOSITION OF THE COMMITTEE The Architectural Control Committee (ACC) shall consist of three (3) members of the Association. The ACC will strive to preserve the continuity of the original design of the community. All proposed improvements and modifications to the exterior of any home must comply with all Association documents and be submitted to the Board of Directors, in writing, on forms available from the Management Company.

DUTIES OF THE ARCHITECTURAL CONTROL COMMITTEE 1) It shall be the duty of the Architectural Control Committee (ACC) to consider and act

upon proposals or plans submitted, and to carry out all other duties imposed upon it by the Declaration.

2) All decisions regarding proposed improvements shall be made in good faith and shall not be unreasonable, arbitrary, or capricious.

3) The ACC shall meet as necessary to properly perform its duties herein. 4) Every act done or decision made by a majority of the members of the ACC shall be

the act or decision of the ACC. 5) The ACC shall keep and maintain a record of all actions taken by it such as meetings

or otherwise. 6) The ACC and its members shall be entitled to reimbursement for reasonable out-of-

pocket expenses incurred by them in the performance of any ACC function. 7) No improvement or alteration shall be installed or constructed within the project by an

Owner until the plans and specifications showing nature, design, kind, shape, heights, width, color, materials and location have been submitted to & approved in writing by the ACC.

8) In the event that the ACC deems it necessary to consult with outside specialists to review the plans or inspect the proposed improvements, the applicant shall be responsible to pay the costs incurred for the consultation. No cost will be incurred, however, without the Owner’s consent.

9) Any application which does not contain all of the information required would not be considered submitted. Owners will receive written notification should this occur.

GUIDELINES FOR SUBMITTAL OF ARCHITECTURAL PLANS The Architectural Control Committee strives to preserve the highest standard and quality of life for each owner within Blackstone at the Cannery Homeowners Association. Architectural approval must be given for structural changes prior to the start of any work. To hasten the approval process, please follow these guidelines: 1) Please complete a description of the proposed changes. 2) Include plans, to scale, that show:

a) Location of improvement to Lot. b) Complete dimensions of changes proposed. c) Description of materials and color scheme.

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3) Please submit the following: a) Completed APPLICATION FOR ARCHITECTURAL IMPROVEMENTS FORM. b) Mail, fax or email to:

BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION

C/o Landmark Limited GROUP 1731 E. Roseville Pkwy. Suite 100

Roseville, California 95661 916-746-0011 * FAX 916-746-0088

[email protected] Management will confirm the receipt of your plans. The application and plans will be reviewed and you will receive a written notice of the decision of the Architectural Control Committee within sixty (60) days after the documentation have been submitted in completion. The Association therefore encourages applicants to begin this process before the work is scheduled. Upon approval of the ACC, the Owner shall diligently proceed with commencement and completion of all work so approved. Work must be commenced within one (1) year from the date of approval. All work approved by the ACC must be completed within eighteen (18) months from the date of approval. Any request for an extension shall be in writing.

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BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION

HOME IMPROVEMENT APPLICATION NOTE: No work may begin prior to Committee or HOA Board approval.

All applications must be submitted with drawings, sketches, pictures, etc. If the application is submitted incomplete it will be returned so that it may be submitted completed. A decision will be provided no more than sixty (60) days upon receipt of all completed documents.

NAME: _________________________________DATE: _____________________ ADDRESS: ________________________________________ LOT NO: ________ PHONE: (H) _____________ (W) _____________ PROPOSED COMPLETION DATE: _________ E-MAIL: ________________________

TYPE OF ARCHITECTURAL AND/OR LANDSCAPING IMPROVEMENT

MODIFICATIONS/ADDITIONS: Is material same color and type as your house?

__ Remodeling/Additions ____ Yes ___ No __ Garage Doors/Exterior Doors __ Driveway/Walkways Materials to be used: __ Gazebos/Sheds/Play Equipment __ Wood __ Stucco __ Brick __ Stone __ Concrete __ Other _______________________ (Please specify color and include a color sample) Painting: __ Repaint house same color __ Repaint house NEW color (Attach paint color samples for stucco, trim & fascia) __ Landscaping front yard ___backyard ___ (plant location & species required)

ADDITIONAL COMMENTS: _____________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Acknowledgement of all neighbors who will be affected by your alterations/improvements is required. To expedite the processing of your application, please show and explain your plans to all those neighbors who will be affected and have them sign in the appropriate place below.

NEIGHBOR ACKNOWLEDGMENT: I have reviewed the plans of the proposed addition of ________________________ and am aware of all their proposed alterations/improvements shown on the attached plan.

ADDR ESS NAME (PRINT) SIGNATURE PHONE # DATE

GENERAL CONDITIONS OF APPROVAL: 1. Comply with Covenants, Conditions and Restrictions, final Subdivision

Map, and established Design Guidelines previously approved by the Board of Directors.

2. Obtain all necessary governmental approvals. Construction shall comply with applicable laws, ordinances, codes and regulations within the County of Sacramento. A permit may be required.

3. If construction waste or excavation material results, it shall be disposed of properly. Adjoining properties are not to be disturbed.

4. No construction materials or debris of any type shall be stored or dumped on any street within the development.

Upon approval the Owner shall diligently proceed with commencement and completion of all work so approved. Work must be commenced within one (1) year from the date of approval. All work approved by the ACC must be completed within eighteen (18) months from the date of approval. Any request for an extension shall be in writing. The undersigned applicant requests approval of the improvements described above based upon the plans included with this application. Applicant understands and agrees to comply with general conditions stated above. X______________________________________ __________________________ OWNER SIGNATURE TODAY’S DATE RETURN APPLICATION AND PLANS BY MAIL OR EMAIL TO: Blackstone at the Cannery Homeowners Association E-MAIL: [email protected] C/o Landmark Limited 1731 E. Roseville Pkwy. Suite 100 Roseville, CA 95661 If you have any questions, please call Landmark Limited: (916) 746-0011

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BLACKSTONE AT THE CANNERY HOA – ARCHITECTURAL REVIEW COMMITTEE (For Association Use only)

___ APPROVED ___ NOT Approved ___ Conditionally Approved COMMENTS: _____________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ By: _____________________________________Date: _________________________

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MAINTENANCE RESPONSIBILITY CHART – EXHIBIT A

The following represents a non-exclusive list of Improvements to be Maintained either by the Owner or Association. Its purpose is to describe maintenance responsibilities over certain items where there may be some uncertainty as to the responsible maintaining party. The reference to “HOA” refers to the Association. References to “Unit” or “Detached Homes” shall only apply to those types of dwellings. If there is no specific designation, such maintenance responsibility shall apply to both types of dwellings.

Improvement Clean Maintain Repair Replace Paint Resurface Repave Interior doors and hardware (locks, hinges, etc.)

Owner Owner Owner Owner Owner Owner Owner

Unit entry door, hardware and weather stripping

Owner Owner Owner Owner HOA (exterior surface

only)

N/A N/A

Door bells N/A Owner Owner Owner N/A N/A N/A Unit garage doors, openers, hardware, and opening equipment

Owner Owner Owner Owner HOA (exterior surface

only)

N/A N/A

Windows and window surfaces of Units

HOA (exterior)

and Owner

(interior)

Owner Owner Owner N/A N/A N/A

Window frames of Units

N/A HOA HOA HOA N/A N/A N/A

Sliding glass doors

Owner Owner Owner Owner N/A N/A N/A

Sliding glass door frame of Units

N/A HOA HOA HOA N/A N/A N/A

Exterior light fixtures

Owner Owner Owner Owner Owner N/A N/A

Exterior light fixtures on HOA’s meter

HOA HOA HOA HOA HOA N/A N/A

Address lights HOA HOA HOA HOA N/A N/A N/A Gas, water and electric meters serving a Residence

Owner Owner Owner Owner N/A N/A N/A

Water main and appurtenances, valves and fire hydrants

HOA HOA HOA HOA N/A N/A N/A

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Improvement Clean Maintain Repair Replace Paint Resurface Repave Utility closet (for clusters of meters and other equipment for Units)

HOA HOA HOA HOA HOA N/A N/A

Plumbing systems (including pipes in interior walls)

Owner Owner Owner Owner N/A N/A N/A

Electrical systems (including lines in interior walls)

N/A Owner Owner Owner N/A N/A N/A

Fire sprinklers, smoke detectors and carbon monoxide detectors

Owner Owner Owner Owner N/A N/A N/A

Back up battery for smoke detectors and carbon monoxide detectors

N/A Owner N/A Owner N/A N/A N/A

Drainage systems within Association Property

HOA HOA HOA HOA N/A N/A N/A

Paseos and associated Improvements

HOA HOA HOA HOA HOA HOA HOA

Bio-retention swales within Association Property

HOA HOA HOA N/A N/A N/A N/A

Utility facilities, equipment, lines, pipes, trenches, and conduits that exclusively serve or provide service to Association Property

HOA HOA HOA HOA N/A N/A N/A

Cluster mailboxes (excluding locks, keys and door)

HOA HOA HOA HOA HOA N/A N/A

Foundation for Unit buildings

N/A HOA HOA HOA N/A N/A N/A

Perimeter walls, fences and sound walls

HOA HOA HOA HOA HOA N/A N/A

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Improvement Clean Maintain Repair Replace Paint Resurface Repave Deck and Patio waterproof membrane of Units

Owner Owner HOA HOA HOA N/A N/A

Deck and Patio structural components of Units

N/A HOA HOA HOA HOA N/A N/A

HVAC system, pad and screening

Owner Owner Owner Owner N/A N/A N/A

Private streets and alleys

HOA HOA HOA HOA N/A HOA HOA

Roofs, gutters & downspouts of Unit buildings

HOA HOA HOA HOA HOA N/A N/A

Roofs, gutters & downspouts of Detached Homes

Owner Owner Owner Owner Owner N/A N/A

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1. Regular assessments are due, in advance, on the first (1st) day of each assessment period and delinquent if not received, in full, by the Association’s bank within fifteen (15) days after the due date thereof. Special Assessments and Reimbursement Assessments are due on the date(s) specified upon imposition and each installment thereof shall be delinquent if not received by the Association within fifteen (15) days after it is due. A late charge of ten dollars ($10.00) or percent (10%) of the delinquent assessment, whichever is greater, shall be due on any such delinquent assessment. The Association may also recover interest on all such amounts due once due and unpaid for thirty (30) days, at the rate of twelve percent (12%) per annum. 2. If any portion of any such assessment, late charge, interest or cost of collection remains unpaid thirty (30) days after the original due date, a management letter may be prepared and sent to the owners at the owner’s cost of $35 per letter. 3. If any portion of any such assessment, late charge, interest or cost of collection remains unpaid sixty (60) days after the original due date, a "Notice of Intent to Lien" will be prepared and sent to the owner(s) by certified mail. The Notice will, among other things, state the current charges owed by the owner(s), and any additional information required by California Civil Code Section 5650-5675 or comparable superseding statute. 4. If all such amounts have not been received ninety (90) days after the original due date thereof, or thirty (30) days after the mailing of a “Notice of Intent to Lien”, whichever is later, a Notice of Delinquent Assessment (“Lien”) will be prepared and recorded as to the delinquent property and the owner(s) thereof, and all resulting collection fees and costs will be added to the total delinquent amount secured by the lien. 5. If all such amounts have not been received, in full, within thirty (30) days after the recordation of such Lien, or within the time frame outlined in Civil Code Section 5710, whichever occurs later, the Association may, without further advance notice to the owner(s), proceed to take any and all additional enforcement remedies as the Association, in its sole discretion, deems appropriate, including, without limitation, non-judicial foreclosure of such Lien, judicial foreclosure, or suit for money damages, all at the expense of the property owner(s). 6. The Association may recover all reasonable costs incurred in collecting any delinquent assessment, including reasonable attorney’s fees. 7. The Board may, for good cause based upon the Board’s sole discretion, agree to a payment plan which permits payment of the delinquent assessment(s), late charges, interest, and collection costs. 8. Unless the Board agrees to a payment plan as specified in Section 7 above, all amounts due pursuant to this policy, and all other assessments and related charges thereafter due to the Association until all such amounts are paid, must be paid in full and the Association shall not be required to accept any partial or installment payments from the date of the institution of an action to enforce the payment of delinquent amounts to the time that all such amounts are paid in full.

BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION DELINQUENT ASSESSMENT COLLECTION POLICY – EXHIBIT B

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9. All payments received by the Association, regardless of the amount paid, will be directed to the oldest assessment balances first, until such time as all assessment balances are paid, and then to late charges, interest and costs of collection unless otherwise specified by written agreement. 10. The Association shall charge a “returned check charge” of twenty-five dollars ($25.00) for all checks returned as “non-negotiable”, “insufficient funds” or any other reason. 11. All above-referenced notices will be mailed to the owner(s) at the last mailing address provided in writing to the Association by such owner(s). 12. The mailing address for overnight payment of assessments is: Parasol Homeowners Association, C/O Landmark Limited, 1731 East Roseville Parkway, Suite 100, Roseville, CA 95661. A different address for delivery of assessment and related payments may be designated by the Board from time-to-time. 13. The Board of Directors of the Association may revise this policy, either generally or on a case-by-case basis, if it finds good cause to do so.

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BLACKSTONE AT THE CANNERY HOMEOWNERS ASSOCIATION ELECTION RULES – EXHIBIT C

The Board of Directors adopted these election rules in accordance with California Civil Code Section 4340 et seq. notwithstanding any other law or provision of the governing documents, these rules shall apply to all matters set forth in Section 5100 of the California Civil Code. Unless the context clearly indicates otherwise, capitalized terms used herein shall have the same meaning as in the Association's governing documents. Section 1. Inspector of Elections______________________________________________

A. Appointment and Term

1. Appointment. The Board of Directors shall appoint one or three persons to serve as the Inspector of Elections, who shall serve at the discretion of the Board, and who shall have such powers and duties as the Board shall determine, subject to the limitations imposed by these election rules ("Election Rules").

2. Term. The Inspector of Elections shall serve in their capacity until they resign, are

discharged by the Board, or until they submit their completed written report to the Board as required by Section 1(D)(2)(I).

B. Qualifications

1. The Inspector of Elections must be an independent third party who is not any of the following:

A. Currently a member of the Board of Directors or a candidate for the Board of Directors; or

B. Related to a member of the Board of Directors or a candidate for the Board of Directors.

2. Within the absolute discretion of the Board, an independent third party may be a person who is currently employed or under contract to the Association for any compensable services.

C. Powers

1. Notwithstanding any provision in the Association's governing documents to the

contrary, an Inspector of Elections shall preside over an election or vote dealing with any of the matters set forth in Civil Code Section 5100.

2. The Inspector of Elections may meet and discuss election issues amongst

themselves and/or with the Association's legal counsel.

3. If there are three Inspectors of Elections, the decision or act of two or more Inspectors of Elections shall be effective in all respects as the decision or act of all.

4. The Inspector of Elections may appoint and oversee additional persons to count

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and tabulate votes as the Inspector of Elections deems appropriate, if permitted by California law.

D. Duties

1. The Inspector of Elections shall perform his or her duties impartially, in good

faith, to the best of his or her ability, and as expeditiously as is practical.

2. The Inspector of Elections shall do all of the following:

A. Determine the number of memberships entitled to vote and the voting power of each. B. Determine the authenticity, validity, and effect of proxies, if any. C . Re ce i ve se c re t b a l l o t s . D. Hear and determine all challenges and questions in any way arising out of or in

connection with the right to vote. E. Count and tabulate al l votes . F. Determine when the polls closed. G. Determine the result of the election. H. Perform any acts as may be proper to conduct the election with fairness to all

Members in accordance with this section and all applicable rules of the Association regarding the conduct of the election that are not in conflict with this section.

I. Prepare a written report of the activities undertaken in any election.

Section 2. Director Qualifications______________________________________________

A. All persons nominated and elected to the Board of Directors shall meet the qualifications set forth in the Association's Bylaws. In the event the Bylaws are amended to include add or reduce the qualifications for becoming a Director, such qualifications shall be automatically incorporated herein.

Section 3. Nomination Procedures_____________________________________________

A. In addition to any nomination procedures set forth in the Association's Bylaws and notwithstanding any provision contained in the governing documents to the contrary, Members may nominate themselves as candidates for election to the Board of Directors.

B. Member may nominate himself or herself as a candidate for election to the Board

of Directors by giving written notice of such nomination to the Association, or its designated agent, on or before a date determined by the Board.

C. If a person nominated is not qualified to hold an elected position his or her name

shall not appear on the secret ballot and he or she will not be permitted to serve if elected.

D. If upon the close of nominations, the number of eligible candidates is equal to or

less than the number of Directors to be elected, the Board may dispense with the mailing of the secret ballots and appoint those qualified candidates to replace

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those Directors whose terms would be expiring. Within fifteen (15) days after the candidates take office the Board shall publicize the appointments in a communication directed to all Members. If the number of Directors so elected is less than the number of vacancies, the Board of Directors shall fill the vacancies as may be provided for in the Bylaws and California law.

E. In the event that the election is a contested election in that the number of

candidates exceeds the number of seats to be filled on the Board of Directors, the Board shall proceed with the secret ballot election procedures set forth in Civil Code Section 5100 and these rules.

Section 4. Media Access______________________________________________________

A. If any publicity is provided by the Association during a campaign, the Association shall ensure that equal access is given to all candidates and Members advocating a point of view for purposes that are reasonably related to the election.

B. If any publicity is provided by the Association, the Association will not censor,

edit or redact the communication but shall include a statement specifying that the message is that of the Members and the Association is not responsible for its content. The following statement shall be published by the Association: "The views expressed are those of its author and do not reflect the views of the Association, its directors, managers, employees, or agents. The author is solely responsible for its content. The Association is required by law to publish the communication as written regardless of the content."

Section 5. Common Area Meeting Space________________________________________

A. Common area meeting space shall be provided at no cost to candidates and Members advocating a point of view for purposes reasonably related to the election or vote, subject to procedural rules as may be adopted by the Board to assure orderly use of such meeting space.

B. If required by the governing documents, the Association may schedule a community election forum prior to an election of the Board or a vote subject to these Election Rules, whereby candidates and Members who are advocating a point of view which is the subject matter of the pending election or vote may attend and speak to any Association Members choosing to attend. The community election forum shall be conducted in accordance with the governing documents and any procedural rules adopted by the Board.

C. Any Member desiring to use the common area meeting space for such a purpose

shall be responsible for leaving the premises in the condition they were found. The Member shall be required to provide a deposit.

Section 6. Association Funds__________________________________________________

A. Association funds shall not be used for campaign purposes in connection with any election, except that the Association may provide publicity equally in its

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discretion.

Section 7. Voting Qualifications_______________________________________________

A. Only Members shall be entitled to vote, unless otherwise provided in the Association's governing documents.

B. Members shall be entitled to cast one vote for each Unit owned.

C. Voting periods shall be determined by the Board of Directors for all matters

subject to these Election Rules.

Section 8. Methods of Voting_________________________________________________

A. The Association shall not be required to prepare or distribute proxies when voting on any matter requiring vote by secret ballot under Civil Code Section 5100.

B. If proxies are received, they are valid and effective only if they comply with California

law and the Association's Bylaws. The Inspector of Elections shall determine the authenticity of any proxies received and may deem a proxy used to vote by secret ballot authentic only if the proxy complies with California Civil Code Section 5130. The Inspector of Elections may also take into consideration any reasonable criteria established by the Board of Directors to authenticate a proxy when making such a determination.

C. The authenticity, validity and effect of proxies with respect to any other Member voting

matter that is not determined by secret ballot shall be as set forth in the Association's Bylaws, as such Bylaws may be amended from time to time, and in California law.

Section 9. Voting Period______________________________________________________

A. The voting period shall begin on the date the secret ballots are distributed and shall close on the date established by the Board, which shall be not less than thirty (30) days from the date of distribution. Once appointed to oversee an election, the Inspector of Elections shall determine, in their discretion, the specific date and time when the polls close.

B. Subject to Section 11(B)(4) below, the Board of Directors shall have the discretion to extend the voting period if sufficient secret ballots have not been received.

Section 10. Secret Ballot Requirements__________________________________________

A. Voting with regard to the matters addressed in Civil Code Section 5100 shall be determined by using a double envelope system to ensure the anonymity of the Member casting his or her vote.

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Section 11. Secret Ballot and Voting Procedure___________________________________

A. Secret Ballots

1. A secret ballot and two pre-addressed envelopes, a smaller (inner) envelope and a larger (outer) envelope, along with instructions on how to return the secret ballot shall be mailed by first-class mail or delivered by the Association to every Member not less than thirty (30) days prior to the deadline for voting.

2. A voter may not be identified by name, address, or the Unit that entitles him or her to

vote on the secret ballot.

3. The secret ballot itself is not to be signed by the Member voting, but is to be inserted into the smaller (inner) envelope that is sealed by the Member. This envelope is inserted into the larger (outer) envelope that is sealed by the Member.

4. The larger (outer) envelope is addressed to the Inspector of Elections. In the upper

left-hand corner of the second envelope, the voter prints and signs his or her name, address, and Unit that entitles him or her to vote.

5. The secret ballot may be mailed or delivered by hand to a location specified by the

Inspector of Elections. The Member may request a receipt for delivery.

6. Once a secret ballot is cast it cannot be revoked. A secret ballot is "cast" when it is received.

B. Vote Tabulation

1. The secret ballots shall not be opened or otherwise reviewed prior to the time and place

at which the ballots are counted and tabulated. In no event shall any secret ballots be opened if insufficient secret ballots exist to meet the quorum requirement.

2. The envelopes shall be opened and the secret ballots shall be counted and

tabulated at either a properly noticed Board meeting or a membership meeting. Any candidate or other Member of the Association may witness the counting and tabulation of the secret ballots.

3. Only the Inspector of Elections, or individuals designated by the Inspector of

Elections as allowed under California law, shall open the envelopes and count and tabulate the secret ballots.

4. If the Inspector of Elections determines that insufficient secret ballots exist to meet

the quorum requirement, the Board may: A. Extend the voting period for elections to the Board of Directors.

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B. Extend the voting period for any other matters subject to these Election

Rules.

Section 12. Voting Results, Storage and Retention

A. Election Results

1. The Inspector of Elections shall promptly report the results of the election to the Board of Directors who shall record the results of the election in the minutes of the next Board meeting and make them available to the Members of the Association for review.

2. Within fifteen (15) days of the election, the Board shall publicize the results of

the election in a communication directed to all Members.

B. Custody, Storage and Retention of Secret Ballots from Elections

1. Custody

A. The secret ballots shall remain in the custody of the Inspector of Elections or at a location designated by the Inspector of Elections at all times prior to tabulation of the vote and until the time allowed by California Corporations Code Section 7527 for challenging the election has expired.

B. In the event of a recount or other challenge to the election process, the

Inspector of Elections shall, upon written request, make the secret ballots available for inspection and review by Members or their authorized representatives. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.

C. Once the time for challenging the election has expired, the Inspector of

Elections shall transfer physical custody of the secret ballots to the Association.

2. Storage and Retention

A. After the transfer of the secret ballots to the Association, the secret ballots shall be stored in a secure place for at least one (1) year after the date of election.

B. In the event of a recount or other challenge to the election process, upon

written request, the Association shall make the secret ballots available for inspection and review by Association Members or their authorized representatives. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.

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MOVE IN / MOVE OUT GUIDELINES – EXHIBIT D In the event to ensure the constant flow of traffic, as street traffic musts not be blocked, the following rules have been put forth:

1) In the event that you find it necessary to move or have any items delivered that requires two (2) or more persons over two (2) hours to transport, you must file a move-in agreement with the Association prior to such a move or delivery. Complete attached form and send to Homeowners Association Management as soon as possible to avoid any conflicts or delays with your move.

2) Moves may be scheduled only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday.

3) Initial move-ins at project completion may extend to 8:00 p.m. if authorized by Management.

If you need to make other arrangements or changes, please contact the management office as soon as possible.

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MOVE-IN/MOVE-OUT AGREEMENT For Blackstone at the Cannery Homeowners Association

Please read, sign and return this Move-In/Move-Out Agreement to Management prior to the beginning of any move. Please contact Management with any questions at (916)746-0011 or [email protected]. I have read the Move-In/Move-Out Procedures for Blackstone at the Cannery Homeowners Association. I understand and agree that if damage is incurred as a result of any move, I will accept total responsibility for the cost of any damage, repair, losses or other liabilities. I further understand and agree that if my Move-In/Move-Out requires more than the allotted time that I may be interrupted to allow other scheduled moves. ________________________________ __________________________ Print Owner Name Address/Unit ________________________________ __________________________ Signature Date ________________________________ __________________________ Move-In Date Expected Move-In Time (Maximum 6 hours) ________________________________ __________________________ Phone Number (for confirmation) Email address (for confirmation) This form must be returned to: Blackstone at the Cannery Homeowners Association c/o Landmark Limited Group 1731 E. Roseville Parkway, Ste. 100 Roseville, CA 95661 Fax: (916)746-0088 Email: [email protected] * You should receive a confirmation from Management within forty-eight (48) hours from receipt of the signed agreement. *

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Homeowner or Condominium Association Disclosure

Community:Current Owners:Buyers:Property Address:Account Number:

1. Is maintenance paid monthly, quarterly, or yearly? 2. Maintenance amount is: 3. Last maintenance payment was paid on: 4. When is the next payment due? 5. Is there a past due balance on the account?

If yes, how much is due:Is the account in collections with an attorney? (If yes, contact attorney for current balance)Attorney Contact:

6. Late charge policy: 7. Are there any special assessments or reserves due? If yes, what is the amount due?

8. Nature of the assessment: 9. Are there any special assessments anticipated in the next 3 months? 10. Does the buyer have to be approved by the association?

If yes, has a Certificate of Approval been issued?

11. Additional Fees that must be collected at settlement:A: Fee Type: Amount:

Payable To:

B: Fee Type: Amount: Payable To:

C: Fee Type: Amount: Payable To:

12. Insurance Agent Contact information:

13. Management Company Comments:

I hereby certify that the answers to the above questions are correct to the best of my knowledge. Closing Coordinator Landmark Limited LLC1731 E Roseville Parkway #100 Roseville, CA 95661 ph: (916) 746-0011

Please Note: 2 Months of prepaid dues are required to be collected at time of closing.

A copy of the recorded grant deed is required to transfer title.

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HOUSEHOLD PROFILE FORM HOUSEHOLD PROFILE FORM HOUSEHOLD PROFILE FORM HOUSEHOLD PROFILE FORM(Please Print)

►Community Name: ____________________________________________

►Property Address: ____________________________________________Owners: If you live offsite, please make sure to put your address of where you want to receive your mail.Owner's Name: Co-Owner:Mailing Address if different from above: Address: (If different from above)

Home Phone: Home Phone:Work Phone: Work Phone:Cell: Cell:E-mail: E-mail:

(If applicable) Tenant's Name: 1)Mail Box Number: 2)Garage # _________ Parking Space #_____________ Home Phone:Gate Code # ______________ Pool Pass #____________ Work Phone: (Gate registration form required for gate code activation.) E-mail:

ADDITIONAL MEMBERS OF THE HOUSEHOLDName: Relationship:Name: Relationship:Name: Relationship: VEHICLES BELONGING TO ON-SITE HOUSEHOLDVehicle #1 Year: Make: Model:

Color: License Plate # Parking Permit #(If applicable)

Vehicle #2 Year: Make: Model:Color: License Plate # Parking Permit #

(If applicable)Vehicle #3 Year: Make: Model:

Color: License Plate # Parking Permit #

PETSType: Breed: Color: Weight: Height:Tag/License #: Friendly: Yes___ No___ Pets Name:

ALARM SYSTEMAlarm: Yes____ No____ Monitored By:

* EMERGENCY CONTACT INFORMATION *

Name: Phone: Keys: Yes____ No____

Owners who are leasing their home must submit a copy of the Lease Agreement when returning this form to Landmark Limited.

(Please list additional vehicles on the back page)

(Please list additional pets on the back page)

PROPERTY ADDRESS

Please return this form to:Landmark Limited, LLC

1731 East Roseville Parkway, Suite 100, Roseville, CA 95661Phone: (916) 746-0011 Fax: (916) 746-0088