MANDERLEY HOMEOWNERS ASSOCIATION, INC. POLICY ON HOME PAINTING AND GUTTERS PROMULGATED JULY 17, 2012 HOME PAINTING AND GUTTER POLICY

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1 MANDERLEY HOMEOWNERS ASSOCIATION, INC. POLICY ON HOME PAINTING AND GUTTERS PROMULGATED JULY 17, 2012 HOME PAINTING AND GUTTER POLICY 1. Authority to Regulate. The Board of Directors (the "Board") of the Manderley Homeowners Association, Inc. (the "HOA") has reviewed and analyzed Florida Statutes and the HOA's Declaration dated July 26, 1995, as amended (the "Declaration"), and finds that Article IX of the Declaration specifically authorizes or reasonably infers that the Board, or its Architectural Control Committee (the "ACC"), may define and regulate the maintenance of exterior paint colors of all "Homes" (as defined in the Declaration) in the Community as well as the installation and color of gutters and downspouts. This Policy on Home Painting and Gutters (the "Policy') is promulgated to provide "Owners" (as defined in the Declaration) of all Homes in the Community with guidance and standards, and to establish rules, regulations and an application process, with respect to Home painting, gutters and downspouts. 2. Home Colors. In order to maintain a harmonious and consistent appearance for all Homes in the Community, Homes only may be painted (i) with the exact same base, trim, fascia, soffits, vents, garage door, gutter and downspout colors as were on the Home immediately prior to being repainted (referred to herein as the "Existing Home Colors"), or (ii) the preapproved color schemes developed by the ACC and adopted by the Board from time to time (the "Pre-Approved Colors"). No variances from or to this Policy (including the Pre-Approved Colors) shall be permitted. 3. Approval Process. No Home in the Community shall be painted and no gutters or downspouts installed on a Home unless approved in advance by the ACC (or the Board acting as the ACC) strictly in accordance with this Policy and the architectural review provisions of Article IX of the Declaration. The approval process shall be as follows: A. Application. An Architectural Review Application (the "Application"), as developed by the HOA's community association manager (the "CAM") from time to time, shall be completed by the Owner and submitted to the CAM by fax, , U.S. Mail or in-hand delivery. The CAM immediately shall stamp or mark the date the Application is received by the CAM and shall inform the Owner of receipt thereof and the date of receipt of the Application. If, in the discretion of the CAM, an Application is not fully completed and all required information and attachments completed, the CAM may return the Application to the Owner and such Application shall not be regarded as received by the HOA. The date the CAM stamps or marks the Application as received shall be conclusive and binding evidence of the date the Application is received. Faxes, s or deliveries made when the CAM's office is closed are not

2 to be treated as received until the CAM office re-opens. B. Extension of 30 Day Review Period. In the event the next scheduled meeting of the ACC and Board is greater than thirty (30) days after the date the Application is stamped or marked as received, the CAM shall first request the Owner to consent in writing to extend the thirty (30) day period during which the Application must be reviewed according to Article IX of the Declaration. If the Owner cannot be contacted or refuses such consent, the CAM immediately shall notify the HOA President to schedule a special meeting of either the ACC or Board, as determined in the President's discretion. In the event of an emergency or other hardship, the Owner may request a special meeting of the ACC or Board to review the Application. The reason for the emergency or other hardship shall be listed on the Application. C. Delivery of Application to ACClBoard. Upon receipt of a properly completed Application (that has been stamped or marked with a receipt date), the CAM immediately shall deliver the Application (including all attachments) to the Ace (or Board if the President directs the Board to act as the ACe). D. Initial Review by ACC/Board. The ACC (or Board) members shall review the Application and prior to the meeting at which the Application will be reviewed, provide the CAM with a list of any questions or requests for additional information or documentation deemed necessary or appropriate to properly review the Application. The CAM shall then contact the Owner to obtain the requested answers, information and documentation, and immediately provide the responses to the ACC (or Board). The CAM should encourage the Owner to attend the meeting where the Application will be reviewed. E. Existing Home Color Review. In the case of an Application to paint with Existing Home Colors (see Section 4 below), prior to the meeting at which the Application will be reviewed, the ACC (or Board) members shall review the paint swatches and/or samples provided with the Application and compare them to the colors on the Home in order to determine a match (taking into account normal fading, wear and tear). F. Open Meetings and Notice. All meetings of the ACC (or of the Board acting as the ACC) shall be open to all Owners and held in a public place. Such meeting shall be noticed to all Owners by posting the date, time, place and purpose (including the street address for all Applications and a general description of the review request) of the meeting of the ACC (or Board) on the HOA website and at the HOA notification sign, and by an e- mail to all Owners who have provided an address to the CAM for notification purposes. Such notice shall be at least forty-eight (48) hours prior to the time of the meeting (seventy-two (72) hours in the case of a 2

3 special meeting of the Board). The ACC (or Board) may meet only with a quorum (i.e., majority) of the appointed members present in person or by telephone. A majority of such quorum shall be required for the ACC (or Board) to act. In the event an Application is for a member of the ACC (or Board), such member may be counted for establishing a quorum but may not vote on such Application. G. Meeting and Approval. The ACC (or the Board) shall approve or disapprove the Application in a meeting open to all Owners. The Owner making the Application shall have the opportunity to speak at such meeting for a period not to exceed ten (10) minutes. The Chair or Secretary of the ACC (or the President or Secretary in the event the Board reviews the Application) shall indicate on the Application the decision of the ACC (or Board) and immediately forward the processed Application to the CAM. The CAM shall mail a copy of the processed Application to the Owner and place the original thereof in the file of the Owner (which file may be in electronic or hard copy form). The CAM shall report to the Board a summary of all actions taken on Applications by the ACC. H. ACC Files. The CAM shall maintain for the ACC (or Board acting for the ACC) a chronological file of all processed Applications as a reference source. 1. Appeal. In the event an Application is rejected by the ACC, the Owner may file with the CAM an appeal to the Board, which appeal shall be included on the agenda of the next regularly scheduled Board meeting following receipt of such appeal by the CAM. No such appeal shall be available if the Board itself is the initial reviewer of the Application 1. Board Acting as ACC. In order to timely respond to Applications, the President of the HOA, in his/her discretion, may include the review of an Application on the agenda of any Board meeting in lieu of the agenda of the ACC if (i) the Board will meet prior to the next scheduled ACC, or (ii) the Application presents issues the President, in his/her discretion, deems most appropriate for the Board to review. Upon request of an Owner, special meetings of the ACC or Board may be held in the event of emergency or other hardship. 4. Using Existing Home Colors. In the event an Owner desires to paint the Owner's Home using the Existing Home Colors, such Owner shall comply with this Section. Prior to making an Application to paint the Horne, the Owner shall 0) determine the Existing Home Color names and manufacturer codes or formulae, and (ii) obtain manufacturer produced paint swatches or purchase a small quantity (i.e., a pint or quart) of the paint for each Existing Home Color to be applied and create a 4 inch by 4 inch (or greater) sample of each color on white paper, cardboard or board. Once this is completed, the Owner may apply for approval to repaint the Owner's Home using such Existing Home Colors. The Existing Paint Color names and manufacturer codes and/or formulae shall be noted on the Application, and the above described 3

4 swatches and/or samples shall be attached to the Application. Once the Application is made and received by the ACC (or the Board acting for the ACC), the ACC (or Board) members shall determine whether the paint colors to be used (as demonstrated by swatches and/or samples) satisfy this Section by comparing the swatches and/or samples to the Home's colors. 5. Other Colors - Pre-Approved Colors. Except as provided in Section 4 above (i.e., Existing Home Colors), Homes may be painted using only the paint schemes adopted by the Board from time to time. A Home shall be painted exclusively with the colors listed on one (1) scheme page and may not utilize colors from other scheme pages. The BOA shall maintain at least two (2) paint color books that contain all pre-approved color schemes. One (1) book shall be maintained at the office of the CAM and one (1) book shall be retained by the Chair of the ACC. An Owner may check out a paint color book from time to time from the CAM to select a color scheme and complete an Application. The CAM may require a security deposit to ensure return of the Paint Color Book. 6. Neighboring Homes. The ACC (or Board) shall not approve the same base color for any Homes that share a common boundary line (i.e., side by side Homes) or for structures directly across the street from one another. 7. Gutters, Drip Edges and Downspouts. No gutters and/or downspouts shall be installed unless approved by the ACC. Gutters and drip edges shall be painted to match the fascia board color of the Home. Downspouts shall be painted to match the color of the wall to which they are attached. 8. Garage Doors and Front Doors. Except in the case where Section 4 above applies (Existing Home Colors being used), garage doors shall be painted to match the base or trim color of the Home. Front doors may be painted with a color that is harmonious with the base or trim colors, but must be approved by the ACC (or Board), Unless a pre-approved color is used for the front door, a swatch or sample (as described in Section 4 above) of the front door color shall be attached to the Application. 9. Enforcement. After an Application is approved and a Home is painted, the ACC shall review the Home for compliance with the colors specified on the Application. Failure of any Owner to comply with the requirements of the Declaration and this Policy shall subject the Owner to the "Fines" provisions of Article XVII, Section 8 and the "litigation" provisions of Article XVII, Section 2 (entitled "Enforcement") of the Declaration. 10. Basis for Policy. Florida Statutes provides that the authority of an association or any architectural committee to review and approve plans and specifications for the "location, size, type and appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure located on a parcel shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants." The HOA's Declaration provides in Article IX, Section 1 that "no building, fence, wall or other structure shall be commenced, erected or maintained upon the Community, nor shall any exterior addition or change or alteration therein, including a change of the building exterior paint color, be made within the Community until the plans and specifications showing the nature, kind, shape, height, 4

5 materials and location of the same shall be submitted to and approved in writing as to the harmony of external design and location in relation to the surrounding structures and topography by the Board, or by an architectural control committee... " The Board desires to establish standards and guidelines for (i) painting Homes in the Community, and (ii) installing gutters and downspouts thereon, and to provide for the regulation and enforcement thereof. The Board has given fourteen (14) days advance notice of the meeting at which this Policy was adopted, including posting such notice in a conspicuous place within the Community. Approved and adopted by a requisite majority of the Board at its regularly scheduled and noticed meeting on July 17,

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