"This document was carefully prepared, however it is displayed for convenience only and in any/all disputes, the original document, kept in the HPMA Offices and as recorded in the Mason County Courthouse, shall prevail."

Section 1. The requirements of CC&R ARTICLE VI of Hartstene Pointe and all additions are incorporated as rules and regulations herein.

Section 2. All plans and specifications submitted for building permit approval by the Architectural Control Committee, shall be dated and prominently displayed for a period of 10 calendar days in the Hartstene Pointe clubhouse before the ACC (or BOD) takes action on them. The ACC is permitted to establish and impose calendar and posting requirements for applications other than those addressing structural building permits. During any posted time period, any owner adversely affected by proposed plans and specifications may submit his/her objections in writing to the ACC. The Association Manager shall invite the objecting owner to be present when the ACC acts on the proposed plans and specifications. If the ACC approves the proposed plans and specifications over the continuing objection of the objecting owner, then approval shall be withheld and the written objection shall be considered an appeal to the BOD in accordance with ARTICLE IX of the CC&R's. The approval in question may not be issued until the procedures for appeal have been followed. If the Board of Directors supports the objection, the plan request shall be denied. Any final approval shall be in writing. Approval of plans and specifications shall be accomplished by the issuance of a Hartstene Pointe Maintenance Association building permit signed by two members of the ACC (or the preceding officer of the BOD in the case of a permit granted on an appeal) and the Association Manager.

1. All applications must be recorded with the HPMA office.
   
   
2. Application forms and check lists may be obtained by writing to the Architectural Control Committee, c/o HPMA, 202 Pointes Drive East, Shelton, WA 98584. Permits expire 180 days after the date of issuance if construction has not been started.
   
   
3. An application for an HPMA permit is required for all new construction, building addition, exterior remodel, propane tank installation, utility structure, deck, fence, or other building, and exterior re-painting.
   
   
4. See Article V for building restrictions.
   
   
5. The following checklist is included for illustrative purposes. The presence of this checklist does not prevent the Board from changing or adding to this list.

Section 3. In the event of disagreement between the Architectural Control Committee and an owner regarding the advisability of removing a tree on account of hazard, an independent, unbiased arborist, qualified in the judgment of the ACC, may be retained at the owner's expense. The arborist's findings shall be considered by the Board of Directors during appeal procedures specified in CC&R ARTICLE IX Section 1. The owner may engage the services of the arborist normally retained and deemed qualified by HPMA.

Section 4. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article 1 of these Rules & Regulations..

Land Use Restrictions

Section 1. The requirements of CC&R’s ARTICLE VII of Hartstene Pointe and all additions are incorporated as rules and regulations herein except:

1. In Section 2 (CC&R Art. VII), replace "central community water system to be installed by Declarant" with "Mason County central water system."

2. In Section 3 (CC&R Art. VII), replace "central community sewer system to be installed by Declarant" with "Mason County central sewer system."

Section 2. Dumpster(s) and containers are located adjacent to the clubhouse parking lot for disposal of household garbage and recycling of bottles, cans and paper only and not for discarding other items including, but not limited to, furniture, appliances, construction waste material and yard debris. Instructions/rules for dumping and recycling will be posted at the dumpster site as approved by the Board of Directors. Owners may also avail themselves of commercial waste management services through a Mason County approved commercial service.

Section 3.RV Storage. Storage on a first-come-first-served basis is available for recreational vehicles (Travel Trailers, Motor Homes, Campers, etc.) near the water tower only. No boat trailers, cars, trucks, utility trailers or other non-RV related vehicles may be stored in the designated RV storage area, unless specifically approved, in writing, by the Board of Directors.

Section 4. Recreational and utility Vehicle Permit. All recreational and utility vehicles to include Motor-homes, travel trailers, boats and water recreational vehicles, boat trailers, utility trailers parked or stored within the borders of Hartstene Pointe shall require a "Recreational Permit (sticker)" attached to same. The permit may be obtained upon making application to the Pointe office. Fees and rules governing this permit may be found in Policy. Recreational vehicles found in violation of this policy are subject to removal.

Section 5. No recreational vehicle may be driven, towed, used or stored on real property without a valid "RV" permit, which is available through the HPMA Patrol Officer. Only those recreational vehicles, which are totally self-contained or capable of being attached to the community sanitary system, may be used within the real property. (See Article XIII, Section 3 of these Rules and Regulations for RV "temporary" real property parking permit.)

Section 6. No fuel tanks of any kind shall be located on the common area. (See CC&R Article VII Section 12.)

Section 7. "Preamble." The applicable covenants of Hartstene Pointe make it clear our forest is a unique residential community asset to be protected and managed. A distinction is herein made between private and common land regarding the Rules and Regulations governing our forest.

CC&Rs governing the management of the forest found on common area fall under the direct authority and supervision of the Board of Directors and/or the ACC. Details of said forest management shall be found in adopted Rules.

The following regulations are adopted with an endeavor to find a balance between the rights of the property owner and a meaningful interpretation of the CC&Rs governing forest management on private lots.

As declared in our covenants, an important distinction is made within these Rules between the inner portion of a private lot and the 5-foot setback on the outer portion of a lot. (The CC&Rs for Addition 10 and Island Houses make no distinction of a 5-foot setback.)

The Rules set forth below pertain not only to vegetation on private lots, but also on the common area in the vicinity of Island Houses, as referenced in section c.6. of this Rule.

Section 7. No standing trees or other natural growth or vegetation shall be cut or damaged without written permission of the Board of Directors or the Architectural Control Committee (ACC), except as provided in the sub-sections of this regulation. (See Articles VI and VIII of the CC&R’s.)

The ACC shall not impose a higher standard of care for the private property owner than the Association exercises in its vegetation management of the common area.

Rules governing landscaping and/or the removal of trees or brush on a PRIVATE LOT whether developed or not:

1. PERMIT APPLICATION REQUIREMENTS. Except as provided in sub- section 7.c. of this regulation, no landscaping work on a private lot, resulting in the planting and/or removal of indigenous trees or brush shall be undertaken without the submission of an application to the ACC and their subsequent issuance of an appropriate permit as reflected in CC&R Article VI.
   
   Debris created from the removal or trimming of any vegetation on a Platted Residential Lot must be disposed of in a manner as published by the ACC.
   1. As a condition of the issuance of a permit the ACC will ensure the following conditions are addressed and met by the property owner:
      
      
      1. The property owner has properly identified his/her property line and the targeted trees/brush are within said line.
      2. The property owner has taken reasonable and necessary safety precautions regarding the felling of any tree.
      3. The property owner shall fell trees within the boundaries of the owner's lot unless the ACC approves an exception. When tree size and/or safety dictate a tree be felled outside the boundaries of the lot the ACC shall approve the landing zone. Trees shall not be targeted to fall on another lot without the written permission of that lot's owner. The ACC may require restoration if the condition's of the permit are violated.
      4. The property owner has an ACC approved plan for the removal and/or disposal of debris.
      5. NO removal and/or permitted landscaping shall commence until a permit has been signed by the Manager or ACC.
      6. The ACC shall post copies of all approved permits in the clubhouse.
      
      
   2. No landscaping - trees, hedges, or other vegetation - shall be permitted or maintained on a private lot that has a screening effect, and would unreasonably obstruct the view of another lot as stated in CC&R Article VIII, Section 12, without the approval of the Board of Directors or the ACC.
   
   
2. ISLAND HOUSES. Article VII, Section 5 (Island House covenants) is herewith quoted: No trees, hedges, shrubbery, or other plants exceeding six feet in height shall be placed or planted on any Platted (Island House) Residential Lot, nor shall any such planted tree, hedge, shrub or other plant be allowed to grow to a height in excess of six feet without the written approval of the association's Board of Directors or the Architectural Control Committee designated by the Board of Directors.
   
   
3. PRIVATE PROPERTY. The requirement of Article VI to obtain permission of the ACC prior to landscaping work, including the removal of natural trees, shrubs, brush and other ground cover, shall not be construed to apply to the following actions:
   
   
   1. Dead trees and/or dead vegetation may be removed from a private lot, designated driveway, parking space, and/or access roads.
      
      
   2. The lower 1/3 (one-third) of a private lot tree may be limbed up to a maximum of 12 (twelve) feet above the ground.
      
      
   3. Indigenous brush on a private lot may be trimmed to a height not less than 3 feet above the ground.
      
      
   4. Trees growing on a private lot, on the inner side of the 5-foot setback line, and having a diameter of 3 inches or less as measured at a height of 2 feet from the ground may be removed.
      
      
   5. Trimming and/or limbing of trees on private property to keep vegetation a distance of 10 feet from the side or roof of any structure or 18 feet from any chimney or stove pipe.
      
      
   6. Trimming and/or limbing to keep vegetation 8 feet above designated parking areas or graveled paths to Island Houses.
      
      
   7. General ongoing maintenance of established landscaping on the private lots as it applies to ornamental shrubbery, grasses, and decorative plants.
   
   
   
4. FIVE FOOT SETBACK RULES. No removal of any tree or shrubbery may be undertaken within the 5-foot setback area of a Platted Residential Lot without the Board of Directors or ACC authorization as stated in CC&R Article VIII, Section 11. (Note: CC&Rs governing Addition 10 lots make no such requirement.)
   
   
   1. The property owner must submit an application for the removal of any tree from the 5-foot setback area of his/her lot. This permitting rule shall not apply to the ongoing maintenance of owner established ornamental shrubbery, grasses, and decorative plants within the 5-foot setback.
      
      The following are considerations to be given substantial weight for the removal and/or limbing of a tree in the setback:
      • Root damage associated with construction excavation.
      • Proximity to structure or other trees.
      • Debris and/or excessive mold on a structure.
      • Desire for more light.
      • Desire for improved view.
      • Excessive risk/hazard to residence.
      • Diseased or damaged trees.
        
        
   2. Should the applicant choose to employ a Washington certified Arborist to give supporting evidence to their position, the ACC shall give consideration to said testimony.
      
      
   3. The ACC may require the applicant to notify property owners potentially impacted by the decision of the ACC.
      
      
5. AREA INSIDE FIVE FOOT SETBACK PERIMETER ("Inner Circle").
   
   
   1. The ACC shall approve permit applications to remove trees and/or other vegetation from within the part of owner's lot that is not within five feet of the perimeter as provided in Section a.1. of this regulation.
      
      
   2. No excavating and/or grading shall be allowed until all necessary permits are obtained for construction of a house or RV residential parking space.
      
      
6. RULES GOVERNING PROPERTY OWNER REQUESTS TO REMOVE/ TRIM/LIMB OR PLANT VEGETATION IN THE COMMON AREA.
   
   
   1. A property owner must apply to the ACC to remove, trim, limb, or plant vegetation in the common area, except for removal of dead vegetation within a designated driveway (section 7.c.1), pruning of diseased parts of huckleberry bushes, removal of noxious weeds such thistles and tansy ragwort, and trimming of trees over-hanging designated parking areas and paths to Island Houses to allow 8 feet of clearance above the graveled surface (see section 7.c.6).
      
      
   2. The ACC shall grant permits:
      
      
      1. To trim, limb and/or remove if necessary vegetation to maintain and/or establish the applicant's view in accordance with section 5 below.
      2. To reduce fire fuels that may pose an imminent danger to the applicant's dwelling; to remove tree limbs that are within 10' of the side or roof of a structure; to remove tree limbs within 18' of the chimney/stove pipe opening of a residence.
      3. To remove a tree or limb that is determined to be hazardous to the applicant's dwelling. A hazardous tree is defined by Mason County Code as: A tree with a high probability of falling due to a debilitating disease, a structural defect, a root mass more than 50% exposed, or having been exposed to wind throw within the past 10 years, and where there is a residence or residential accessory structure within a tree length of the base of the trunk, or where the top of a bluff or steep slope is endangered. Where not immediately apparent to the review authority, the danger tree determination shall be made after review of a report prepared by an arborist or forester.
      4. To allow sufficient limbing to enable single window satellite reception.
         
         
   3. The ACC may grant other requests for addition, removal, and/or trimming of vegetation, subject to the restriction that, while the desires of the permit applicant and owners of lots within sight of the proposed action may be considered, the final determination of whether to grant a permit affecting the common area shall be in accord with the community interest in maintaining the forest and its habitat. Specifically, the ACC may grant permits:
      1. To add vegetation to the Common Area to enhance bank stabilization.
      2. To remove diseased, damaged, or unstable trees.
      3. To allow crown thinning, limbing, and/or removal if necessary of trees in proximity to the applicant's dwelling to increase light falling on the dwelling and/or property.
      4. To allow removal permits where it is evident that a tree along the bank line will contribute to bank line sloughing and erosion. A certified professional (e.g. certified arborist, geologist, and/or hydrologist) opinion at the applicant's expense may be required at ACC discretion. Said employed professional must be acceptable to the ACC.
         
         
   4. Applicant(s) are responsible for the costs of ACC-permitted common area forest modifications.
      
      
      1. Any debris created as a result of an approved forest modification must be processed and/or disposed of as required by the ACC.
      2. The ACC may require restoration of indigenous/native species vegetation as a result of any approved forest modification.
      3. Any tree approved for removal shall be felled safely as required in section a.1 of this article.
      4. The ACC may require the applicant to seek written comment from neighboring/affected property owners on some or all of common area forest modifications requested. Affected parties to be determined by the ACC.
         
         
   5. VIEW ENHANCEMENTS: Many properties at Hartstene Pointe are value enhanced for their view. A view property comes with an expectation of enjoying said view. View lots vary dramatically in their location thus affecting the angle and width of potential views. No one formula in determining what view should be permitted for each property can apply. The ACC shall exercise its discretion in view permitting on a case by case basis. The ACC shall consider the following when evaluating a request for view enhancement:
      
      
      1. Developed or undeveloped lots may seek view enhancement.
      2. The ACC will limit view limbing and/or windowing on the common area to that which is necessary to accommodate a reasonable view as determined by the ACC. The ACC may consider the residence design, view elevations, the horizon, and the health of the affected trees.
      3. The ACC may allow thinning by tree removal in the common area for trees that substantially obstruct the property owner's view, so long as the health of the forest and wildlife are not unreasonably compromised.
      4. No tree on the property of another can be removed, limbed, or windowed without the written permission of the affected property owner.
      5. For any tree listed for removal or limbing by the applicant that lies in the view corridor of an adjoining property and in the common area, the ACC shall invite comment from the affected neighboring property owner(s).
      6. No tree may be removed if its removal contributes to bank erosion. Trees growing on banks may be topped to enhance view, only if topping does not endanger the tree and subsequent bank erosion. A certified arborist opinion may be required by the ACC.
      7. Permits to trim bushes and shrubs in the common area within the view corridor of a lot to a height of not less than 36" shall be granted.
      8. Water view enhancement: Limbing, windowing or removal on the common area should generally follow the view corridors as shown on figure 1. Any tree management that lies in the view corridor of an adjoining property shall require written concurrence from affected property owners per section f.4(d). For lots that have different settings, view corridors shall be determined by the ACC.

Section 8. No landscaping work or construction shall be commenced until the appropriate permit (tree cutting or construction) has been obtained from HPMA and prominently posted on the Residential Lot on which the work is to be performed. The permit shall be on a standard form approved by the Board of Directors and signed by the HPMA Manager or a member of the ACC.

Section 9. No signs may be erected on real property with the exceptions of a 3 square foot sign identifying the names of owner/residents and a 6 square foot sign for property sale purposes as described in CC&R VII, Section 4. Improper signage may be subject to an order of removal. Failure to remove or comply with proper signage rules may be subject to fines.

Section 10.  No vehicles shall be parked or stand on common areas with the exception of designated HPMA parking lots. No vehicle may be parked in a designated parking lot for more than 72 hours, excepting only boats, boat trailers, RVs and utility trailers stored in accordance with these rules in storage areas specifically designated for them.

No vehicle in disrepair (inoperable) may be parked on any common area for more than 48 hours.

Any vehicle, parked on any common area, believed to be a hazard to vehicle or pedestrian traffic may be removed via a Washington licensed vehicle towing company, by Patrol/The Manager.

Vehicles, boats, RVs and utility trailers in violation of the above rules shall be removed after personal or certified mail notice to the operator or registered owner of record. Emergency removal shall require no notice. The costs of removal shall be assessed against the property owner.

No boat that would be required, if used on public roadways or waterways, to be licensed by the State of Washington, recreational vehicle, or utility trailer may be parked, stored, or operated in a common area designated for such storage unless it bears a current Washington highways or waterways vehicle license and a permit from HPMA authorizing such use of the common area. Removal of any such boat, RV or utility trailer found in violation of this requirement may occur 60 days from the owner being provided notice that the violation must be corrected or the vehicle will be removed.

Section 12. Any violation of any of the provisions of this article shall be deemed a violation subject to the enforcement provisions of ARTICLE I.

Building Restrictions

Section 1. The requirements of CC&R ARTICLE VIII of Hartstene Pointe and all additions, as applicable, are incorporated as rules and regulations herein except that noted in Section 2 that follows:

Section 2. Exception to setback requirements in Hartstene Pointe Addition 10 and reference to sewer treatment.

1. Setback requirements in Hartstene Pointe Addition 10. In accordance with requirements of the Mason County building code, the minimum distance between any point on the boundary of a platted residential lot and the nearest part of any building constructed thereon shall be five feet.
   
   
2. In Section 16 of the CC&R Article VIII, replace "central community sewer system" with "Mason County central sewer system."

Section 3. No outbuilding or structure of any kind may be built on a Platted Residential Lot before construction of the permanent residence. The BOD or ACC may authorize, for a short term, temporary residence during construction of the primary residence. (Authority found in the CC&R's, Article VII, Section 1, Section 10,C,(iii), Section 11, and Article VIII, Section's 1, 2, 3, and 10.)

Section 4. It is the property owners' responsibility that construction takes place only on his/her lot and within set back boundaries through the use of a survey conducted by a Washington licensed surveyor. It shall be the responsibility of the lot owner to maintain theidentification of the lot survey markers (capped rebar) for all boundary lines of his/her property.

Section 5. It is the property owner's responsibility during construction to see that the CC&R's and R&R's are adhered to by all construction workers and contractors and any other workers involved in the construction. Repairing any damage to the common area, to HPMA satisfaction, is the responsibility of the lot owner. Within the one-year time limit for construction, any damage to flora must be replaced with flora in keeping with the area.

Section 6. Dumping of trash or debris over the bank onto shoreline areas is prohibited. Causing or allowing the disposal of any waste material (processed lumber, plastics, cloth, metal, glass or any other non-natural trash or debris) onto the common area or greenbelt is prohibited. Brush or tree limbing/trimming wastes, which have been properly chipped into mulch characteristics, may be disposed of under the supervision and approval of the Architectural Control Committee.

Section 7. Any violation of any of the provisions of this article shall be deemed a violation subject to the enforcement provisions of ARTICLE I.

Traffic Control

Section 1. No vehicle shall be operated within the boundaries of Hartstene Pointe in a careless manner that endangers, or would be likely to endanger, any person or property or animal.

Section 2. Pedestrians have the right of way over any type of vehicle.

Section 3. Vehicle and Operators license required:

1. Any vehicle, required by Washington State law to be registered or licensed, shall not be operated within the boundaries of Hartstene Pointe except by duly licensed operators.
2. Any motorized vehicle (electric, gasoline, etc.) operated within the boundaries of Hartstene Pointe shall be operated by a licensed, insured driver. The vehicle shall be equipped with adequate headlights and taillights for operation during the hours of darkness. Vehicles not equipped with adequate head and rear lighting may be operated within the time frame after the first hour following daylight and before the last hour preceding sunset.

Section 4. No vehicle may be operated within the boundaries of Hartstene Pointe in excess of fifteen (15) miles per hour unless otherwise authorized by the Patrol Officer.

1. Vehicle operators determined to be exceeding the posted speed limit may be subject to a fine.
   
   
2. Vehicle operators and the property owner responsible for and associated with the offending vehicle may also be subject to fine.

Section 5. No motor vehicle, bicycle, or other self- propelled vehicle may be operated on any of the trails within the boundaries of Hartstene Pointe. No motorbike or motorcycle may be operated on any of the roads within the boundaries of Hartstene Pointe except to go by road to and from the entrance/exit gate and the owner's property. Such vehicles must be adequately muffled. Such vehicles must be in reasonably safe condition and free of any safety defect that endangers, or would be likely to endanger, any person or property. HPMA or public emergency vehicles may be exempted from this rule for maintenance or emergency access purposes.

Section 6. Any fuel-motorized vehicle operated within the boundaries of Hartstene Pointe must be properly muffled and operated in a quiet and unobtrusive manner.

Section 7. No vehicle may be operated on any of the beaches within the boundaries of Hartstene Pointe. HPMA maintenance and Emergency vehicles may be exempted from this rule.

Section 8. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Gate Control

Section 1. Entry upon, or use of, the common area at Hartstene Pointe, as defined, must be authorized by an owner at Hartstene Pointe as defined in definitions herein. All persons who enter Hartstene Pointe without permission shall be deemed trespassers and will be subject to enforcement action by the Mason County Sheriff.

Section 2. Authorized gate Entry

1. It will be a violation for any person to be in possession of a gate card at Hartstene Pointe unless duly issued by the Board of Directors and/or authorized by the property owner. Four gate cards shall be issued for each Platted Residential Lot for use by its owner(s). An original gate card may be substituted with a remote electronic gate opener purchased from Hartstene Pointe.
   
   (Note: Two electronic cards may be issued for POOL gate access only, per property, independent from issued gate cards.)
   
   
2. Lost or stolen cards shall be reported immediately to the HPMA business office for replacement consideration and "system" cancellation of the lost or stolen card. Replacement of a lost or stolen card will be processed when a request is accompanied by a signed affidavit.

Section 3. It shall be a violation to tamper with or alter the normal function(s) of the entry or exit gates at Hartstene Pointe, or to gain entry without a valid gate card, or as provided in Section 4, below.

Section 4. Entry for all persons coming to Hartstene Pointe without a valid gate card shall be by permission from authorized personnel, or by a property owner by securing permission through the use of the gate communication system. Lawful entry shall be conditioned upon permission by a property owner or duly authorized representative of the Board of Directors on terms and conditions applied in a manner that does not unlawfully discriminate.

Section 5. Any Property Owner, who has had their right to use and enjoy the Common Area suspended, will be issued only one gate card – said gate card limited to provide access only to the owner’s private property.

Section 6. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Clubhouse – Pool –Tennis Courts – Picnic Areas

Section 1. Use of the clubhouse, pool, tennis courts, moorage, picnic areas and adjacent areas shall be subject to the rules and regulations herein and additional site-specific rules promulgated by the Board of Directors. Such site-specific rules may be distributed to the owners and shall be posted in such areas in an abbreviated form.

Section 2. All facilities embraced within the common area and all common areas are for the non-exclusive use of all owners and their guests and may not be especially reserved or held for any person or group; however, non-exclusive use by groups is permissible. Such non-exclusive use shall not prevent access to any common area by any property owner. Group events shall not be permitted in any facility (e.g. the swimming pool or clubhouse) or area during periods of heavy usage by property owners. The Manager and the President shall determine such heavy usage periods.

Section 3. Use of the common facilities and common areas are subject to the following rules:

1. Except as noted above, all sports equipment shall be furnished by the user and without cost or liability to the Association. Swimming pool toys will be furnished by HPMA. Only HPMA-furnished toys shall be used in the pool.
2. All owners, guests and others using the common areas and facilities are warned that no lifeguard is provided at any time and the use of the swimming pool for any purpose is at the risk of the user.
3. Use of the swimming pool and SPA shall be governed by rules approved by the Board of Directors and posted in the pool area.

(Note: See Article VII, Gate Control, for information on electronic card entry to the pool area.)

4. All persons using the clubhouse, pool, tennis courts and other common areas and facilities must be suitably attired at all times. The clubhouse is restricted from use by any person in swimming attire with the exception of persons passing directly between the pool area and the gazebo. Such persons shall not be dripping wet and shall not stop in the clubhouse.
5. Clubhouse use shall be governed by the following rules:
1. Hours of the day, during which the clubhouse shall be open for use by all owners, shall be established by the Manager and posted in the clubhouse. Such hours may vary with clubhouse usage during the year. Any owner objecting to the established clubhouse hours may appeal the Manager’s decision to the Board of Directors.



2. Property owners may use the clubhouse for group social functions during clubhouse hours. These times may be scheduled with the Manager and designated on the clubhouse calendar on a first-come, first-served basis. Such functions shall not exclude clubhouse access to any other property owners. The Manager shall ensure scheduling in accordance with Section 2 above.
   
   
   1. The property owner responsible for making the arrangements for such a Group social function has the responsibility to arrange with the Manager for heat and kitchen access if necessary.
   
   
   
   2. A function that may accommodate less than a majority of Hartstene Pointe property owners shall be approved in advance by the Board of Directors
   
   
   
   3. If a private group using the clubhouse leaves it in a condition requiring additional janitorial services, an appropriate charge shall be required from the property owner making the arrangements. Any damage shall be the responsibility of the property owner making the arrangements.
   
   
   
3. The Manager shall be responsible for clubhouse operation.
4. Extra janitorial service. There shall be a minimum charge of $50. Charges may be increased according to circumstances.
5. Access to the clubhouse shall be maintained for all property owners throughout any function.

Section 4. Groups comprised of a majority of non-property owners shall not exceed 50 people for any function within the boundaries of Hartstene Pointe except those approved and determined by the Board of Directors.

Section 5. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Personal Conduct

Section 1. Owners, as defined herein, tenants and other persons in possession of a residence are responsible for the conduct of their guests.

Section 2. Owners as defined herein, tenants guests and other persons shall observe reasonable and proper rules of conduct and shall refrain from infringing upon the rights of others within the confines of Hartstene Pointe. Sound levels, including vocal sounds, car noises, horns, radios, televisions, stereo equipment and similar sound devices shall be kept at reasonable decibel levels at all times.

1. The Patrol Officer shall respond to noise complaints and attempt to abate them.

2. Excessive noise complaints shall be referred to the Mason County Sheriff for investigation under Mason County Noise Ordinances.

Section 3. Home security alarms may sound for no more than five minutes per alarm and shall not sound a false alarm more than three times in a one-year period. The Association will not answer Home Security Alarms. The Sheriff may be called. False alarms in excess of three, within a one-year period, may be subject to ACC action.

Section 4. Catastrophic fire danger to lives, property and the forest is ever present at Hartstene Pointe. All fire regulations shall be observed including those issued by Washington State, Mason County and Hartstene Pointe. Hartstene Pointe fire regulations will be posted from time to time at appropriate locations especially during periods of high fire danger. During such periods, fire regulations shall be particularly observed. Suitable precautions shall be taken by all users including owners, tenants in possession and guests to prevent chimney fires.

Section 5. The use of fireworks is prohibited throughout Hartstene Pointe except that the Board of Directors may allow the use of fireworks in celebrating the Fourth of July, but if allowed will designate the specific date, time period, location and special rules for such fireworks usage. Special rules may govern ingress and egress to and from the designated fireworks area, designation of lanes to be clear of fireworks within the area to provide passage, limitation of vehicular traffic and rules for safe fireworks usage as determined each year. Such designation of time and place and special rules will be promulgated to the members by appropriate posting and/or newsletter.

Section 6. No outdoor fires are permitted on Hartstene Pointe including all lots and common areas except the beach on the Case Inlet side of the spit beginning with that area immediately across the road from the tennis courts and extending to the end of the spit at the lagoon entrance. Fires shall be allowed only below the high tide line and shall be no more than 4 feet in diameter. All beach fires shall be extinguished by user(s) before departing the beach area. This restriction of fires on lots and common areas, other than the beach defined above, includes campfires, fire pits, cleanup and burn barrel fires.

Section 7. No dog shall be allowed on any common area or outside an owner’s dwelling or vehicle unless physically controlled by a hand held leash, except that dogs may be run for exercise on the beach as herein defined. Beach is defined as common area below the bulkhead or seawall but does not include the floats at the lagoon or Indian Cove or the picnic areas. Dogs may be tethered outside on residential lots only, unless they become a nuisance or cause disruption to other property owners.

1. No plot may be used for the purpose of breeding animals.
2. Any household pet, upon investigation and supportive evidence, determined to be a nuisance to other property owners may result in a finding for maintaining a "nuisance" pet. The owner of a "nuisance" pet may be subject to ACC action.

Section 8. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Wild Life Control

Section 1. All wildlife and game birds at Hartstene Pointe are declared to be natural attributes for the pleasure and enjoyment of all who come to Hartstene Pointe. Any molestation, taking, hunting or killing thereof shall be deemed a violation.

The following two subsections define exceptions to the preceding two sentences.

1. or Any non-domestic animal that becomes a nuisance or dangerous by threatening the safety of people and/or domestic animals, or causes ongoing damage or destruction to buildings or personal property may, in the judgment of the Board of Directors, be declared a NuisanceDangerous Animal. Washington Department of game rules and regulations defining such animals and the recommendations of Game and/or Wildlife Control Operators shall be taken into consideration in making the decision to declare an animal dangerous or a nuisance. Only state Game officials or a Nuisance Wildlife Control Operator are permitted to trap or destroy an animal declared a danger or nuisance. Subsection A shall not be construed to override Washington law, if any, that applies to whether a non-domestic animal may be trapped or destroyed. Rather, it has the purpose of making clear that the HPMA and its Board is not constrained by the first two sentences of this section 1 from initiating steps, not inconsistent with Washington law, that may lead to the animal being trapped or destroyed.
2. Any non-domestic animal suffering from a grave injury or illness, and/or one that demonstrates aggressive and dangerous behavior that poses a real and present danger to a person or persons is not protected under Section 1 of this rule. Destruction of an animal under exigent circumstances shall not be a violation of Section 1 above but individuals may be subject to Washington law regarding Game animals. While property owners are not encouraged to take such independent action it is recognized that under exigent circumstances a person may have no choice but to intervene for the safety of people.

Section 2. No person shall carry on his person or use any weapon, including without limitation, any firearm, gun, pistol, explosive, explosive device, bow, arrow or snare for the purpose of taking, hunting, killing or possessing wildlife. (See exception under Section 1.)

Section 3. With the exception of feeding birds, feeding practices that habituate wild or feral animals to seek food at a particular location are prohibited without written permission, granted only for good and exceptional reason, by the Board of Directors or its appointed ACC.

Section 4. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Property Use Registration

Section 1. All property owners who lease or rent their property, or in their absence delegate the use of their property to guests on a gratuitous basis, are encouraged to register the identity of said renters, lessees, or guests with the HPMA Office. Registration will facilitate emergency notification, if necessary, by staff and alert Patrol to authorized access.

Section 2. Property owners are encouraged to post current copies of all Hartstene Pointe Rules and Regulations in a conspicuous place within the premises.

Section 3. The property owner shall assume financial responsibility for any damage to the common area and Pointe facilities and the cost of violations of the Rules and Regulations incurred and not paid by his/her tenants, renters and guests.

Section 4. Special reference is made to ARTICLE IX, Section 4 & 6 herein which contains a prohibition of outdoor fires.

Section 5. Property owners shall be notified of any Rule violation or conduct qualified as a nuisance attributed to person or persons associated with the leased or rented property.

Section 6. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Use of Indian Cove and Lagoon Moorage facilities

Section 1 HARBORMASTER. The harbormaster duly appointed by the Board of Directors and acting under the direction of the Moorage Committee shall have the authority and the duties assigned to him/her by the Moorage Committee.

Section 2 VESSEL OF RECORD

1. Lessee shall keep the Harbormaster informed of the description of the vessel moored at the slip. Such description shall consist of the following information: name of vessel, registration number, type of vessel, (sail/power), length, beam, and draft.
2. No vessel other than the "vessel of record" shall be placed in the slip unless otherwise authorized by the Harbormaster. If deemed necessary, acceptable documents to substantiate proof of ownership may be:
1. Bill of Sale, or
2. Any two or more of the following documents
   
   
   1. Executed use tax return;
   2. Coast Guard or State registration or Documentation;
   3. Insurance papers showing slip lessee as loss payee.
      

Section 3. IDENTITY. All authorized visitors or guests shall have a temporary placard placed in a visible location showing permission to use the facilities.

Section 4. GUESTS. All persons using the marina facilities (moorage at Indian Cove and the lagoon) are subject to and bound by the Articles of Incorporation, its Bylaws, the Declaration of Covenants, Conditions and Restrictions and Rules and Regulations applicable to Hartstene Pointe and the slip leases.

Section 5. USE OF SLIP AND MOORAGE. Slips shall be used for pleasure purposes only.

Section 6. APPEARANCE OF SLIP. The lessee shall keep the slip and the adjacent common area in a neat, clean and orderly manner and shall refrain from using any portion thereof for any dumping, discharge or storage or from encroaching or permitting any portion of his/her vessel to encroach on any of the common area. No alteration, addition, improvement or deletion to any part of the adjacent piers or walkways shall be made without the express written approval of the Association.

Section 7. HARBORMASTER ACCESS TO VESSEL. Lessee grants the Harbormaster or his/her agent authority and free access to board lessee’s vessel and to move the vessel should the Harbormaster or his/her agent, in their sole discretion, determine that such is necessary to fight fire or avoid other casualty or prevent casualty or potential hazard. However, such authority and free access creates no responsibility on the part of HPMA or its agents for the vessel, its tackle, apparel, fixtures, equipment and furnishings or any other property of the lessee or for the lessee or the lessee’s invitees, social guests, family, employees or agents.

Section 8. FISHING FROM THE DOCK. Fishing will be permitted in areas designated by the Harbormaster.

Section 9. LOADING AND UNLOADING AREAS. Use of the red areas is subject to the control of the Harbormaster. Normal use should be restricted to thirty (30) minutes or less for each arrival or departure.

Section 10. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

Sanitary Sewage Disposal Compliance by Dwelling Vehicles (Travel Trailers, Campers, Motor Homes and Tent Trailers)

Section 1. Dwelling vehicle owners must apply to the Mason County Department of General Services for a permit to obtain Sanitary Sewer Service while such vehicle is on a platted residential lot, except as provided in Section 2 herein.

Section 2. Dwelling vehicles with self contained sanitary facilities, wherein no disposal of sewage or waste water will be made while on a platted residential lot or on the common area, may be used on a platted residential lot having no connection to the central community system for a period not to exceed two weeks and/or a weekend or holiday, and/or during construction of a dwelling and with the authorization of the ACC.

1. After such use, these vehicles may not be stored on a platted residential lot at Hartstene Pointe.

Section 3. The permit issued to park a dwelling vehicle on a residential lot must indicate whether or not a fully self contained sanitary sewage system is part of the dwelling vehicle equipment and that it is in working order. The Patrol Officer will determine upon issuance of the permit if such equipment is on the vehicle and if it is operable. Upon such determination, the Patrol Officer will issue a permit to park on a residential lot. The form of said permit shall be approved by the Board of Directors.

Section 4. Failure to furnish information regarding the sanitary sewage system on a vehicle, or violation of the Covenants by disposal of sewage on a platted residential lot or upon any part of the common area, will give cause for revocation of a permit to park a dwelling vehicle on the lot for such period of time as the Board of Directors shall direct after a full hearing on all facts and circumstances.

Section 5. Multiple sewer connections will be reported to the Mason County Department of General Services and all sanitary sewage disposal violations will be reported to the County Health Department.

1. Owners are responsible for removing all but one sewer connection on any platted residential lot.

Section 6. Tenting is prohibited on any platted residential lot or any portion of the common area.

Section 7. Special reference is made here to ARTICLE IX, Section 4 & 6 in which the prohibition of outdoor fires is set forth.

Section 8. Any violation of any of the provisions of this Article shall be deemed a violation subject to the enforcement provisions of Article I.

The compilation of Rules and Regulations adopted herein by the Board of Directors includes the readopting and republication of only those of the previous rules and regulations that are expressly contained herein. Accordingly, this compilation shall supercede any and all previous rules and regulations heretofore adopted.

Notary Public in and for the State of Washington
residing at Shelton, Washington