HILLER HIGHLANDS FOUR ASSOCIATION

30 Schooner Hill

Oakland, CA 94618-2335

Rules and Regulations – Landscape

Whereas the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) require Hiller Highlands Four Association ("Association") to enforce the provisions of the CC&Rs; and

Whereas various provisions of the CC&Rs gives the Association the power to adopt reasonable rules for landscaping; and

Whereas it is the desire of the Board of Directors to ensure a common, high standard for landscaping to enhance property values; and

Whereas the Landscape Control Committee (“LCC”) is appointed by the Board of Directors to deal with, and make decisions on landscape related issues, as provided by various provisions of the CC&Rs,

Now, therefore, the Board of Directors of the Association does hereby establish the following Rules and Regulations:

RULES AND REGULATIONS

1. Owners shall provide their tenants and guests with notice of these landscape rules and regulations and shall be responsible for payment of fines and penalties assessed for violations by their tenants or guests.

2. The planting, irrigation, maintenance and repair of the common areas and streetscapes are the responsibility of the Association, and the work will only be done at the direction of the LCC.

3. Homeowners may request modifications of plantings in the immediate vicinity of their homes. In which cases the following apply:

• A detailed written request for change (including sketch) is submitted to the LCC

• The LCC will review the request for change and advise the homeowner of its decision.

• Costs of homeowner-initiated changes, including related irrigation, are the responsibility of the homeowner. The homeowner will be provided with a written cost estimate by the LCC which must be accepted in writing before work starts. Bills are payable and due to the Association when submitted by the LCC.

• Purchase and installation of special request planting materials will be arranged by the LCC and the Association’s Landscape Contractor will execute the work.

• Approval will not be given for invasive plants or other plants which are generally incompatible with the master landscape plan.

4. Planted containers in and near entrances, and on decks and patios of individuals units must be maintained by the home owner in a manner consistent with the surroundings.

5. If any damage occurring to the common area landscape and streetscapes is the result of work done to an individual unit (such as painting, roofing, other construction), all costs related to the repair of the plantings will be responsibility of the homeowner. Payments are due and payable 48 hours after mailing of the notification by the Association.

6. Homeowners shall contact the LCC for desired alterations, removal, or pruning of existing plantings in the streetscapes or common area landscapes.

7. Walking across planted areas and hillsides is forbidden.

PENALTIES

Any member who violates or permits a violation of these Rules shall be fined and pay the Association a penalty of forty dollars ($40.00) upon written notification to said member for each violation and owner shall be liable for actual cost of any landscape replacement and any needed irrigation system repairs.

Notice shall be delivered by U.S. Mail.

Payment of penalty is due and payable 48 hours after mailing of the notification of the penalty.