1993 Original Plus Ratified Amendments (Underlined)

****Unofficial and Unrecorded*****

1993 Original plus ratified amendments Revised September 9, 2010 (Changes are underlined; see History of Documents and Amendments on next page) ****Unofficial and Unrecorded*****

Garrett County Filing Year Date Date Liber Page Amended Citation Subject (comments) Filed approved filed Document 1993 07-Aug 18-Aug 610 453 Declaration (pdf only) 1993 07-Aug 18-Aug 610 453 Bylaws (Word document) 1972 07-Aug 14-Aug Plat 2003 30-Sep 30-Sep 1001 154 Bylaws Table 1 Maintenance responsibilities Easements & Modifications above Standard 2003 30-Sep 30-Sep 1001 154 Declaration V, 3, d-f Materials 2005 22-Aug 1149 330 Declaration V, 3, d-f Updated Easements and Modifications 2005 15-Oct 17-Oct 1165 567 Bylaws II, 3, Meeting dates 2005 15-Oct 17-Oct 1165 567 Bylaws VI, 5, h Rental policy 2006 10-Nov 17-Nov 1267 288 Bylaws Table 1 Revised Table 1 2006 10-Nov 17-Nov 1267 288 Declaration V, 3, f Updated Easements and Modifications (incorrectly labled Section III) 2007 29-Sep 14-Dec 1346 92 Bylaws VI, 4, b Blinds 2008 19-Apr 25-Jun 1376 216 Bylaws III, 11, d R&R&M responsibility 2008 19-Apr 25-Jun 1376 216 Bylaws Table 1 R&R&M responsibility 2008 19-Apr 25-Jun 1376 216 Bylaws Table 1 Notes R&R&M responsibility 2008 19-Apr 25-Jun 1376 216 Bylaws VI, 3 a-d R&R&M responsibility 2009 18-Apr 07-May 1431 404 Declaration V, 3, g Boyle Deck 2010 03-Oct-09 1518 423 Bylaws II, 3, Owners review budget at annual meeting 2010 03-Oct-09 1518 423 Bylaws II, 7 Quorum only 25% 2010 03-Oct-09 1518 423 Bylaws VI, 10 k Loss assessment coverage 2010 03-Oct-09 1518 423 Bylaws VI, 10, b, iv Insurance deductible

CAUTION: Although great care was taken to make sure that the changes in the Amendments are properly incorporated into the original Declaration and Bylaws to produce this “Unofficial and Unrecorded” compilation, it is likely that mistakes were made. Consult the original documents (available on the Hooppole website) to check on specific issues.

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TABLE OF CONTENTS

ARTICLE I GENERAL PROVISIONS

1. Adoption of By-Laws 2. The Council 3. Membership 4. Certain Definitions and Application of By-Laws 5. Fiscal Year 6. Roster of Members 7. Captions 8. Gender 9. Waiver 10. Notices 11. Interpretation

ARTICLE II COUNCIL OF UNIT OWNERS

1. Composition 2. Administration 3. Annual Meetings 4. Special Meetings 5. Place of Holding Meetings 6. Notice of Meetings 7. Quorum 8. Conduct of Meetings 9. Voting Qualifications 10. Election of Board of Directors

ARTICLE III BOARD OF DIRECTORS

1. General Powers 2. Number and Term of Office 3. Filling of Vacancies 4. Place of Meeting 5. Regular Meetings 6. Special Meetings 7. Quorum 8. Compensation 9. Committee 10. Manager or Management Agent, Employees, etc. 11. Budget 12. Audit

ARTICLE IV OFFICERS

1. Election Tenure and Compensation 2. Authority and Responsibility of the Chairman 3. Authority and Responsibility of the Vice-Chairman ****Unofficial and Unrecorded***** 4. Secretary 5. Treasurer

ARTICLE V INDEMNIFICATION

1. Definitions 2. Indemnification of Board of Directors Members 3. Indemnification of Employees and Agents

ARTICLE VI OBLIGATIONS OF THE OWNERS

1. Expenses, Assessments 2. Budget 3. Maintenance and Repair 4. Use and Alteration of Units 5. Limitation on the Use of Units and Common Elements 6. Use of Common Elements 7. House Rules 8. Right of Entry 9. Title and Mortgage 10. Insurance

ARTICLE VII AMENDMENT

1. Amendment 2. Conflict

ARTICLE VIII RATIFICATION

ARTICLE IX RESIDENT AGENT

ARTICLE X NO SEVERANCE OF OWNERSHIP

ARTICLE XI ENFORCEMENT ****Unofficial and Unrecorded*****

BY-LAWS OF FOUR HOOPPOLE SOUTH CONDOMINIUM

ARTICLE I GENERAL PROVISIONS

SECTION 1. Adoption of By-Laws.

These By-Laws are adopted pursuant to and in compliance with the provisions of Title 11 (The "Condominium Act") of the Real Property Article of the Annotated Code of Maryland (the "Code") to govern the administration of the condominium known as Four Hooppole South Condominium (the "Condominium"). The Condominium has been established as a condominium regime pursuant to the Condominium Act. These By-Laws amend and supersede in all respects the By-Laws of the Condominium that were appended to and recorded with the Declaration and By-Laws of the Condominium as referred to above. These By-Laws shall be effective upon their recordation. Such recordation shall take place after the certification of their adoption by the proper officer of the Council (as hereinafter defined), in accordance with the requirements of the Condominium Act.

SECTION 2. The Council.

Four Hooppole South Condominium, (the "Council") has been organized as an unincorporated association to provide for the administration, management and operations of the Condominium including certain restrictions on and requirements respecting the use and maintenance of the units and the common elements. The mailing address and principal office of the Council is: Council of Unit Owners, Four Hooppole South Condominium, c/o Rodeheaver & Associates, 6000 Thayer Center, Oakland, Maryland, 21550.

The Council shall govern the affairs of the Condominium and undertake and perform all acts and duties incident thereto in accordance with the provisions of the Declaration, these By-Laws, the Condominium Act, and applicable laws of the State of Maryland.

SECTION 3. Membership.

Each unit owner in the Condominium is, and by accepting title to a unit in the Condominium, agrees that he shall automatically become a member of the Council upon his acquisition of title to such unit. The membership of any such unit owner shall terminate automatically upon the said unit owner being divested of title to such unit, regardless of the means by which such ownership may be divested, but the obligations incurred by such owner while a member shall continue and the rights of the Council to enforce such obligations shall also continue, as hereinafter provided. No person holding any lien, mortgage or other encumbrance upon any unit shall be entitled by virtue thereof to membership in the Council or to any of the rights or privileges of, such membership unless otherwise specifically provided by the Declaration, these By-Laws or the Condominium Act.

SECTION 4. Certain Definitions and Application of By-Laws.

The words and phrases used herein, if defined in the Condominium Act or the Declaration, shall have the same or equivalent meaning set forth therein. Common elements shall have the definition as set forth in the Declaration and the Maryland Condominium Act. The provisions of these By-Laws, unless otherwise specifically stated, shall be applicable to present and future owners, tenants and future tenants and their agents, servants and employees, and any other person that might use the facilities of the Condominium in any manner, and such persons shall also be subject to the provisions of the Declaration, the Condominium Act and to applicable laws of the State of Maryland. The mere acquisition of title to or rental of any of the condominium units (herein referred to as "units") of the Condominium or the act of occupancy of the said units will signify that these By-Laws and the provisions thereof are accepted, ****Unofficial and Unrecorded***** ratified and will be complied with by any persons so acquiring title, renting, or otherwise occupying a unit.

SECTION 5. Fiscal Year.

The fiscal year of the Council shall be October 1st to September 30th, or other fiscal year such as may from time to time be established by the Board of Directors.

SECTION 6. Roster of Members.

For purposes of governing the affairs of the Council, the Board of Directors shall maintain a current roster of the names and addresses of unit owners to which notice of meetings of the Board of Directors shall be sent. Each unit owner shall furnish the Board of Directors with his name and current mailing address. No unit owner may vote at meetings of the Council until such information is furnished.

SECTION 7. Captions

The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By-Laws, or the intent of any provisions thereof.

SECTION 8. Gender.

The use of the masculine gender in these By-laws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural and vice versa, whenever the context so requires.

SECTION 9. Waiver.

No restrictions, conditions, obligations or provisions contained in these By-Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

SECTION 10. Notices.

All notices hereunder shall be sent by registered or certified mail to the Board of Directors, c/o the Manager or, if there be no Manager, to the office of the Board of Directors at the principal office of the condominium or to such other address as the Board of Directors may hereinafter designate from time to time by notice in writing to all unit owners and to all mortgagees of units. All notices to any unit owner shall be sent by United States first class mail to the address shown on the roster of the unit owners. All notices to mortgagees of units shall be sent by United States first class mail to their respective addresses, as designated by them, from time to time, in writing, to the Board of Directors. All notices shall be deemed to have been given when mailed.

SECTION 11. Interpretation.

The provisions of these By-Laws shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of a condominium project. Failure to enforce any provisions hereof shall not constitute a waiver of the right to enforce said provisions or any other provisions hereof on a different or subsequent occasion. ****Unofficial and Unrecorded***** ARTICLE II COUNCIL OF UNIT OWNERS

SECTION 1. Composition.

The Council shall be comprised of all unit owners, including every person or entity which owns, jointly, severally or with others, any unit within the Condominium.

SECTION 2. Administration.

The Council shall have the responsibility of governing the affairs of the Condominium. Except as otherwise provided herein, by the Condominium Act, or by other applicable law, decisions and resolutions of the Council shall require a majority vote of unit owners. Except as to those matters which the law specifically requires shall be performed by the vote of the Council, and those matters set forth in Section 2 of Article VII of these By-Laws, the management of the Condominium shall be directed and administered by the Board of Directors.

SECTION 3. Annual Meetings.

The annual meeting of the Council shall be held on a day duly designated by the Board of Directors during the 30-day period immediately succeeding October 1st of each year or at such other date as may be determined by the Board of Directors. 1 The purpose of the meeting is to elect Members of the Board of Directors to succeed those whose terms shall have expired as of the date of such annual meeting, review an annual budget, and transact any other business which properly comes before it. 2 The Board of Directors shall send a written notice to the Owners at least 45 days before the annual meeting notice is sent requesting written nominations for the Board of Directors.

SECTION 4. Special Meetings.

Special meetings of the Council may be called at any time for any purpose or purposes by the Chairman or by a majority of the Board of Directors and shall be called forthwith by the Chairman upon the request in writing of at least twenty percent of the unit owners listed on the current roster and who are entitled to vote at such meeting. Such request shall state the purpose or purposes of the meeting. Business transacted at all special meetings of the Council shall be confined to the purpose or purposes stated in the notice of the meeting. The meeting shall be called within sixty (60) days of the receipt of the request.

SECTION 5. Place of Holding Meetings.

All meetings of the Council shall be held at the principal office of the Condominium or elsewhere in the State of Maryland as designated by the Board of Directors and as described in the Notice of such meeting.

SECTION 6. Notice of Meetings.

Written notice of each meeting of the Council shall be mailed, postage prepaid, by the Secretary to each unit owner of record entitled to vote thereat at his mailing address, as it appears upon the roster of the unit owners of the Council, at least fifteen (15) days and no more than thirty (30) days before a special meeting and thirty (30) days and no more than sixty (60) days before the annual meeting. Each such

1 Filed17-Oct2005Liber1165page567 2 Filed2010Liber1518page423 ****Unofficial and Unrecorded***** notice shall state the place, day, and hour at which the meeting is to be held and, in the case of any special meeting, shall state briefly the purpose or purposes thereof.

SECTION 7. Quorum.

At any meeting of the Council, the presence in person or by proxy of owners entitled to cast in excess of 25%3 of all of the votes entitled to be cast thereat shall constitute a quorum; but this section does not affect any requirement under statute for the vote necessary for the adoption of any measure. In the absence of a quorum, the owners present in person or by proxy by majority vote and without notice other than by announcement, may adjourn the meeting from time to time until a quorum shall attend. At any such reconvened meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting as originally notified.

SECTION 8. Conduct of Meetings.

Meetings of the Council shall be presided over by the Chairman of the Board of Directors or, if he is not present, by a Vice Chairman, or, if none of said officers is present, by a presiding officer to be elected at the meeting. The Secretary of the Council shall act as secretary of such meetings. In the absence of the Secretary, the presiding officer shall appoint a person to act as secretary of the meeting.

A majority of the votes cast at a meeting of the Council, duly called and at which a quorum is present, shall be sufficient to take or authorize action upon any matter which may properly come before the meeting, unless more than a majority of votes cast is required by statute, by the Declaration, or by these By-Laws.

SECTION 9. Voting Qualifications.

At all meetings of the Council, every unit owner entitled to vote thereat may vote either in person or by proxy appointed by an instrument in writing subscribed by such unit owner or his duly authorized attorney, bearing a date not more than one hundred eighty (180) days prior to said meeting (unless said instrument is granted to a mortgagee or lessee of the unit owner) . Such proxy shall be dated, but need not be sealed, witnessed or acknowledged. At all meetings of the Council, the proxies shall be received and counted by the Secretary of the meeting and all questions touching the qualifications of voters and the validity of proxies shall be decided by the presiding officer of the meeting subject to review by the Board of Directors.

Unless waived by a majority of owners present in person or by proxy, all voting for the Board of Directors shall be by written ballot. All elections shall be determined and all questions shall be decided by a majority vote of unit owners of the duly constituted meeting, except as otherwise provided by law or by these By-Laws. A proxy who is not appointed to vote as directed by a unit owner may only be appointed for purposes of meeting quorums and to vote for matters of business before the Council of Unit Owners, other than an election of officers and members of the Board of Directors. Only a unit owner voting in person or a proxy voting for candidates designated by a unit owner may vote in the election for Members of the Board of Directors.

SECTION 10. Elections of Board of Directors.

In all elections for Members of the Board of Directors, every owner shall have the right to cast the number of votes appurtenant to such owner's unit as set forth in the Declaration, for each and as many persons as there are Members of the Board of Directors to be elected. To prohibit weighted voting and vote splitting, the number of votes appurtenant to a Unit may not be split or divided among those Members of the Board of Directors to be elected, but such entire vote must be cast as a unity for each person for 3 Filed2010Liber1518page423 ****Unofficial and Unrecorded***** whom an owner elects to vote. The Secretary and Vice-Chairman shall be responsible for counting votes in the election of Members of the Board of Directors.

An Election Committee consisting of three non-Board of Directors members (exclusive of candidates for the Board of Directors or their family members) shall be appointed by the Chairman of the Board of Directors to receive and count ballots, if applicable for election of Board of Directors Members.

ARTICLE III BOARD OF DIRECTORS

SECTION 1. General Powers.

The Condominium shall be managed under the direction of the Board of Directors of the Council, to which is delegated all of the rights, powers, duties and privileges enjoyed by or belonging to the Council with respect to the management and operation of the Condominium (except those matters specified in Article VII, Section 2 hereof) including, but not limited to:

(a) maintenance, repair, care and upkeep of the Condominium and the Common Elements and facilities thereof; to include the adoption, amendment and enforcement of reasonable rules and regulations of the Council;

(b) adopting and amending budgets for revenues, expenditures and reserves; collecting assessments or special assessments for common expenses from the unit owners;

(c) hiring, designation, direction and dismissal of the personnel necessary for the maintenance and operation of the Condominium and the common elements and facilities thereon.

(d) making contracts and guarantees, incurring liabilities and borrowing money, selling, mortgaging, leasing, pledging exchanging, conveying transferring and otherwise disposing of property and assets;

(e) regulating the use, maintenance, repair, replacement and modification of the common elements;

(f) causing additional improvements to be made as part of the general common elements;

(g) imposing charges for late payment of assessments and, after notice and opportunity to be heard, levying reasonable fines for violations of the declaration, bylaws, and rules and regulations of the council of unit owners.

SECTION 2. Number and Term of Office.

The number of Members of the Board of Directors shall be five (5). The Members of the Board of Directors must be unit owners or spouses of unit owners. The election of Members of the Board of Directors shall be arranged so that three (3) Members of the Board of Directors shall be elected one (1) year and two (2) Members of the Board of Directors the next. The Members of the Board of Directors shall serve for a term of (2) years.

SECTION 3. Filling of Vacancies.

In the case of any vacancy in the Board of Directors through death, resignation, disqualification, removal or other cause, the remaining Members of the Board of Directors, by affirmative vote of the majority thereof, may elect a successor to hold office for the unexpired portion of the term of the Committee Member whose office shall be vacant and until the election of his successor or until he shall be removed ****Unofficial and Unrecorded***** prior thereto.

Any Committee Member may be removed from office with or without cause by a majority of all votes of unit owners who are listed on the current roster and who are entitled to vote for the election of Members of the Board of Directors.

SECTION 4. Place of Meeting.

The Board of Directors shall hold their meetings and keep the books of the Council at the principal office of the Condominium or at any place in the state of Maryland deemed most convenient to the Owners as determined by the Board of Directors. The Board of Directors may hold their meetings by conference telephone or other similar electronic communications equipment in accordance with the provisions of the Corporations and Associations Article of the Annotated Code of Maryland.

SECTION 5. Regular Meetings.

Regular meetings of the Board of Directors may be held without notice at such time and place as shall from time to time be determined by resolution of the Board of Directors, provided that notice of every resolution of the Board of Directors fixing or changing the time and place for the holding of regular meetings of the Board of Directors shall be mailed to each Member at least ten (10) days before the first meeting held pursuant thereto. The first annual meeting of the Board of Directors shall be held immediately following the annual meeting of the Council at which a Board of Directors is elected. Any business may be transacted at any regular meeting of the Board of Directors.

SECTION 6. Special Meetings.

Special meetings of the Board of Directors shall be held whenever called by direction of the Chairman and must be called by the Chairman or the Secretary upon written request of a majority of the Board of Directors. The Secretary shall give notice of such special meeting of the Board of Directors, by mailing the same at least three (3) days prior to the meeting or by electronically communicating the same to all Board of Directors members and Owners at least three (3) days before the meeting. Special meetings may also be held without notice provided that each Board of Directors member shall be present. Attendance at the special meeting shall constitute waiver of notice. Unless otherwise indicated in the notice thereof, any and all business may be transacted at any special meeting.

SECTION 7. Quorum.

A majority of the Members of the Board of Directors shall constitute a quorum for the transaction of business at all meetings of the Board of Directors, but, if at any meeting less than a quorum shall be present, a majority of those present may adjourn the meeting from time to time. The act of a majority of the Members of the Board of Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by law or by these By-Laws.

SECTION 8. Compensation.

Members of the Board of Directors shall not receive any stated salary for their services as such, but shall be entitled to reimbursement of reasonable and necessary expenses such as communications, postage etc. as are incurred by them in the performance of their duties as Members of the Board of Directors as approved by action of the Board of Directors.

SECTION 9. Committee.

The Board of Directors may, by resolution passed by a majority of the quorum, designate one or more committees, each committee to consist of one or more of the Members of the Board of Directors or Council members. Such Committees shall not have authority to adopt budgets, levy assessments, bring ****Unofficial and Unrecorded***** legal actions, adopt rules or make other decisions related to the financial operation of the condominium. Other than those limitations stated above, the Committees shall have and may exercise the power of the Board of Directors. Such committee or committees shall have such names as may be determined from time to time by resolution adopted by the Board of Directors and each shall be chaired be a Member of the Board of Directors.

SECTION 10. Manager or Management Agent, Employees, etc.

The Board of Directors may employ for the Council, a management agent or manager (the "Manager"), at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize or direct including, but not limited to, the duties listed in Section 1 of this Article. The Board of Directors may employ any other employee or agent to perform such duties and at such salaries as the Board of Directors may establish. Employees or agents shall not have authority to adopt budgets, levy assessments, bring legal actions, adopt rules or make other decisions related to the financial operation of the condominium.

SECTION 11. Budget.

(a) Not later than thirty (30) days prior to the date fixed for each annual meeting of the Council, the Board of Directors shall submit a budget for the succeeding fiscal year to the unit owners and determine and fix the total assessment to be charged during such succeeding fiscal year against all of the units in the Condominium. The failure of the Board of Directors, before the expiration of any fiscal year, to fix the assessments for the succeeding fiscal year shall not be deemed to constitute a waiver, modification or release of any unit owner from the obligation to pay his portion of such assessment, or any installment thereon, with respect to any fiscal year, and, in the event of any such omission by the Board of Directors to fix assessments for a fiscal year, the assessment fixed for the immediately preceding fiscal year shall continue and be applicable to such fiscal year until a new assessment is fixed therefore.

(b) In the event the Board of Directors shall determine that for any reason the regular assessment estimated to cover the charges for a fiscal year, which has been approved by the Council, is or will become insufficient to meet all of the expenses of the Council for the current fiscal year, it shall then immediately determine the approximate amount of such insufficiency and issue a supplemental assessment not to exceed 15% of the approved operating budget. The Board of Directors may prorate any such supplemental assessment and collect the same in installments over the remaining months of the current fiscal year, or may immediately levy an assessment in a lump sum against each unit in the Condominium. Such supplemental assessment is to be collected in the same manner as a regular assessment.

(c) The Board of Directors' power hereinabove enumerated shall be limited in that the Board of Directors shall have no authority to acquire and pay for out of the common expense fund capital additions and improvements (other than for the purposes of replacing portions of the common elements, subject to all the provisions of the Declaration and these By-Laws) having a cost in excess of the greater of Five Thousand Dollars ($5,000.00) or 5% of the annual operating budget except as expressly provided herein. Capital additions having a cost in excess of the criteria stated above can be acquired and paid for out of the common expense fund provided that a vote of unit owners shall be conducted and approved by a majority of the owners voting by mail ballot or at the annual meeting or a special meeting in person or by proxy.

(d) If the Board undertakes repair or replacement of unit components which are under the Council of Unit Owner’s responsibility which would result in a special assessment greater than $5,000 per unit per year (adjusted by the Consumer Price Index and using 2008 as the base year), then the Board shall first obtain the consent of two-thirds (2/3) of the Unit Owners voting by mail ballot or ****Unofficial and Unrecorded***** at the annual or special meeting in person or by proxy.4

SECTION 12. Audit.

Any Unit Owner may at any time at his own expense cause an audit or inspection to be made of the books and records of the Manager or Board of Directors. The Manager shall upon resolution of the Board of Directors, at the common expense, obtain an audit of all books and records pertaining to the condominium and furnish copies to the co-owners.

ARTICLE IV OFFICERS

SECTION 1. Election, Tenure and Compensation.

The officers of the Council shall be a Chairman, a Secretary, and a Treasurer, and also such other officers including a Vice Chairman and one or more assistants to the foregoing officers as the Board of Directors from time to time may consider necessary for the proper conduct of the business of the Condominium. The officers shall be elected annually by the Board of Directors at its first meeting following the annual meeting of the Council. The officers shall be elected members of the Board of Directors. No officer shall execute, seal, acknowledge, verify or deliver any instrument in more than one capacity if such instrument is required by law or by these By-Laws to be executed, sealed, acknowledged, verified or delivered by any two or more officers. Officers shall not be compensated in their capacities as such but shall be entitled to reimbursement of such reasonable expenses as are incurred by them in the performance of their duties as officers, and as are approved by action of the Board of Directors. In the event that any office, other than an office required by law, shall not be filled by the Board of Directors, or, once filled, subsequently becomes vacant, then such office and all references thereto in these By-Laws shall be deemed inoperative unless and until such office is filled in accordance with the provisions of these By-Laws.

Except where otherwise expressly provided in a contract duly authorized by the Board of Directors, all officers, employees, consultants, and agents of the Council shall be subject to removal at any time by the affirmative vote of a majority of the whole Board of Directors.

SECTION 2. Authority and Responsibility of the Chairman.

Acting under the direction of the Board of Directors, the Chairman shall have general charge and control of all of the business affairs and properties of the Condominium. He shall preside at all meetings of the Council.

The Chairman may sign, execute, seal, acknowledge and deliver all authorized bonds, contracts or other obligations in the name of the Council. All checks, drafts, notes, bonds, acceptances, contracts, and all other instruments, except conveyances, shall be signed by such person or persons as shall be provided by resolution of the Board of Directors applicable thereto. Unless otherwise provided by resolution of the Board of Directors. The Chairman, acting under direction of the Board of Directors acting shall:

(a) Provide each seller with all information required under Section 11-135 of the Maryland Condominium Act to be provided to the new owner,

(b) Provide each owner with a financial statement at least annually including, as a minimum, a balance 4 Filed25-Jun2008Liber1376page216 ****Unofficial and Unrecorded***** sheet and an operating expense and income statement,

(c) Keep detailed, accurate records of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses incurred and allowing the owners to examine these records and data.

(d) To annually register with the Maryland State Department of Assessments and Taxation the names and mailing addresses of the officers, directors, resident agent and managing agent (if any) of the condominium.

The Chairman shall be ex-officio a member of all the standing committees of the Board of Directors. He shall do and perform such other duties as may, from time to time, be assigned to him by the Board of Directors.

SECTION 3. Authority and Responsibility of the Vice Chairman.

The Board of Directors may appoint a Vice Chairman. The Vice Chairman (unless otherwise provided by resolution of the Board of Directors) may sign, execute, seal, acknowledge and deliver all authorized bonds, contracts, or other obligations in the name of the Council. The Vice Chairman shall have such other powers and shall perform such other duties as may be assigned to him by the Board of Directors or by the Chairman.

SECTION 4. Secretary.

The Secretary shall keep and maintain the roster of unit owners containing the name and current mailing address of each unit owner. The Secretary shall provide each owner with a current copy of the roster of Council Members (owners) at least annually. The Secretary shall give, or cause to be given notice of all meetings of the Council and of the Board of Directors and all other notices required by law or by these By-Laws, and in case of his absence, refusal or neglect to do so, any such notice may be given by any person thereunto directed by the Chairman, or by the Members of the Board of Directors or unit owners upon whose written request the meeting is called as provided in these By-Laws. The Secretary shall record all the proceedings of the meetings of the Council and of the Board of Directors in books provided for that purpose, and he shall perform such other duties as may be assigned to him by the Board of Directors or the Chairman. The Secretary shall maintain a list of the name and address of each mortgagee and shall maintain such information in a book entitled "Mortgagees of Units". The term "Mortgagees", as used herein, shall be construed to include any lender whose indebtedness is secured by a Deed of Trust or Mortgage on a Four Hooppole South Condominium Unit recorded among the Mortgage Records of Garrett County, Maryland. In general, the Secretary shall perform all the duties generally incident to the office of the Secretary, subject to the control of the Board of Directors.

SECTION 5. Treasurer

The Treasurer shall have custody of all the funds and securities of the Council, and he shall assure that full and accurate account of receipts and disbursements are maintained in books belonging to the Council. All moneys and other valuables shall be deposited to the credit of the Council in non- commingled accounts in such Federally insured depository or depositories as may be designated by the Board of Directors. An account must be maintained separate from the operating accounts to contain reserves for capital replacement.

The Treasurer shall disburse the funds for the Council as may be requested by the Board of Directors, taking proper vouchers for such disbursements. He shall render to the Chairman or the Board of Directors, whenever either of them so requests, an account of all his transactions as Treasurer and of the financial condition of the Council. ****Unofficial and Unrecorded***** The Treasurer or any agent performing the Treasurer's duties shall be bonded in a sum, and with one or more sureties, satisfactory to the Board of Directors, for the faithful performance of the duties of his office and for the restoration to the Council in case of his death, resignation, retirement or removal from office of all books, papers, vouchers, moneys, and other properties of whatever kind in his possession or under his control belonging to the Council.

The Treasurer shall perform all the duties generally incident to the office of the Treasurer, subject to the control of the Board of Directors. Notwithstanding anything herein to the contrary, the provisions of this Article and Section, shall be subject to the terms of any agreement entered into on behalf of the Council with an agent employed to perform the duties of the Treasurer.

ARTICLE V INDEMNIFICATION

SECTION 1. Definitions.

As used in this Article VI, any word or words that are defined in Section 2-418 of the Corporations and Associations Article of the Annotated Code of Maryland, as amended from time to time (the "Indemnification Section"), shall have the same meaning as provided in the Indemnification Section.

SECTION 2. Indemnification of Board of Directors Members and Officers.

The Council shall indemnify and advance expenses to a Committee Member or officer of the Council in connection with a proceeding to the fullest extent permitted by and in accordance with the Indemnification Section.

SECTION 3. Indemnification of Employees and Agents.

With respect to an employee or agent, other than a Committee Member or officer of the Council, the Council may, as determined by the Board of Directors of the Council, indemnify and advance expenses to such employee or agent in connection with a proceeding to the extent permitted by and in accordance with the Indemnification Section.

ARTICLE VI OBLIGATIONS OF THE OWNERS

SECTION 1. Expenses, Assessments.

(a) Each unit owner shall be liable for annual assessments, or installments thereof, for common expenses for operation and maintenance of the condominium that come due while such unit owner is the owner of a unit, in proportion to his percentage interest in common expenses and common profits. Such expenses shall include but not be limited to, all types of insurance, and the costs of operation, maintenance, repair, and replacement of the Condominium and the common elements thereon. The Board of Directors shall, with approval of the Council, set a monthly installment for each unit in an amount sufficient to provide for its share of all such current expenses, reasonable reserves for future expenses of administration, and such other expenses as the Board of Directors may deem proper, subject to adjustment from time to time, as they may deem necessary. Such monthly installment and any other assessment installment shall be due and payable in advance on the first day of every month. Any installment not paid within 30 days of the due date is delinquent. A late charge of 1/10 of the delinquent installment shall be imposed if the delinquency continues for at least 15 calendar days. In addition, any delinquent installment shall bear interest at the rate of one and one-half per cent (1.5%) per month accruing from thirty (30) days following the date due until paid together with such interest. The Board of Directors in its discretion may accelerate the remaining balance due on any annual ****Unofficial and Unrecorded***** assessment in the event of a delinquency in the payment of any installment of such assessment. Any delinquent installment, late charge or interest due shall constitute a lien on the unit. Such lien shall be evidenced by a statement of condominium lien recorded in the Land Records of Garrett County, Maryland. Such statement shall include a description of the unit, the name of the unit owner and the amount due, and shall be signed and verified by the Chairman and Treasurer of the Council. In any suit to foreclose the lien against any unit owner, the Council may represent itself through the Manager, if any, or the Board of Directors in like manner as any mortgagee of real property. The Manager, if any, or the Board of Directors, acting on behalf of the Council, shall have the power to bid for and acquire such unit at a foreclosure sale. Suit to recover a money judgment for unpaid common element expenses, late charges and interest shall be maintainable. Such recovery shall include all costs and reasonable attorney's fees. Such suits shall not foreclose or waive any lien obtained by the Council for the nonpayment of such common element expenses. Once such a lien has been asserted, the unit owner shall not be entitled to any vote on any matter submitted to the Council unless and until such assessment, together with all interest, charges and costs thereon, has been paid in full.

(b) In addition, if it be so determined by a majority of the Board of Directors that a given unit has caused excess expense to the Condominium, the Board of Directors is hereby empowered to impose a supplemental assessment against such unit in such amount as the Members of the Board of Directors determines will compensate the Condominium for such excess expense. Excess expense includes, but is not limited to repairing damage caused to the condominium or increased insurance costs as a result of actions by the Owner, his tenants, guests, agents, contractors or employees. Such special assessment shall bear interest and be collected as the regular assessment described in Subsection (a) hereof and shall constitute a lien until paid.

SECTION 3. Maintenance and Repair.

(a) Every unit owner must perform promptly all maintenance and repair work within his own unit. If the omission of such work would be detrimental to the Condominium or to any other unit, then he shall be liable for damages incurred by reason of his failure to perform such work. If such work is not commenced, and thereafter diligently pursued by the unit owner within thirty (30) days after written demand therefor from the Board of Directors, then the Board of Directors, its agents, servants and employees may enter the unit and perform the work at the expense of the unit owner, which expense shall be added to, and become due and payable with and as a part of, the owner's next monthly assessment payment due to the Council.

(b) Except for those areas which the council is required to maintain and repair hereunder (if any), each unit owner shall at the unit owner's expense keep the interior of his unit and its equipment and appurtenances in good order, condition, and repair in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of the unit. In addition to decorating and keeping the interior of the unit in good repair, the unit owner shall be responsible for the maintenance, repair, or replacement of any plumbing fixtures, water heaters, interior lighting fixtures, refrigerators, air-conditioning equipment, dishwashers or ranges that may be in, or connected with the unit.

The unit owner shall also, at the unit owner's expense, keep the balcony and the interior of the said patio and storage shed and any other limited common elements which are appurtenant to his unit in a clean and sanitary condition and be responsible for the routine maintenance thereof.5 The Council of Unit Owners shall not be responsible to the unit owner for loss or damage by theft or otherwise of articles which may be stored by the unit owner in the balcony, patio, storage shed or unit.

5 Filed25-Jun2008Liber1376page216 ****Unofficial and Unrecorded***** The unit owner shall promptly discharge any lien which may hereafter be filed against his condominium.

(c) The Council of Unit Owners shall be responsible for the maintenance, repair and replacement of the roofs, exterior walls, foundations, doors and window components of the buildings on an as needed basis as determined by the Board of Directors for the sound operation and appearance of the Condominium. Exterior walls shall include from the exterior surface of the walls to the interior surface of the drywall, but not paint or wall covering on the drywall. The cost of such maintenance, repair and replacement shall be a Common Expense. However, damage to the drywall caused by the Owner or occupant, either intentionally or by negligence, will be the owner’s responsibility to correct. The Council of Unit Owners shall not be required to make any upgrades or additions to any unit components and such changes are the sole responsibility of the Unit Owner after approval by the Board. 6

(d) Maintenance, repair and replacement responsibilities are outlined in Table 1 attached hereto and such Table is hereby adopted as though fully restated herein. 7

SECTION 4. Use and Alteration of Units.

(a) A unit owner shall not subdivide or make structural modifications or alterations to the interior or exterior of his unit, or replace windows or otherwise make any changes to the exterior appearance of the unit (whether by enclosing, painting or other treatment of any balcony or window trim) without first having notified the Board of Directors in writing through the Manager, if any, or through the Chairman, if no Manager is employed, and having first obtained the written approval thereof by the Board of Directors. The Board shall have the obligation to answer within a sixty (60) day period. Proposals for modifications or alterations shall be accompanied by any materials, plans or specifications which may reasonably be requested by the Board. The time to respond does not commence until the Board receives all requested materials. The Board of Directors may, in its discretion, require removal and/or restoration of any modification, alteration or treatment in a unit which did not receive prior written Board of Directors approval. In evaluating requests, the Board of Directors will be guided by the basic principle of maintaining the harmony of design and appearance of the condominium and assuring the reserve capacity of common service systems.

(b) In order to maintain uniform appearance, Owners shall ensure that after October 1, 2007, all window coverings installed that are visible to the exterior shall be brown, wood-tone,8 neutral white or off- white color subject to review by the Board of Directors.

(c) Units in the Condominium shall be used for residential purposes only. Child day care facilities are expressly prohibited in any unit.

SECTION 5. Limitation on the Use of Units and Common Elements.

6 Filed25-Jun2008Liber1376page216 7 Filed25-Jun2008Liber1376page216 8 Filed14-Dec2007Liber1346page92 ****Unofficial and Unrecorded***** In addition to any limitation on the use of units and common elements hereinbefore stated, the units and common elements shall be used as follows:

(a) There shall be no obstruction of the common elements. Nothing shall be stored in the common elements without the prior consent of the Board of Directors.

(b) Nothing shall be done or kept in any unit or in the common elements which will increase the rate of fire insurance on the common elements, without the prior written consent of the Board of Directors. No unit owner shall permit anything to be done or kept in his unit or in the common elements which will result in the cancellation of insurance on any unit or any part of the common elements or would be in violation of any law. No waste will be permitted in the common elements.

(c) No sign of any kind shall be displayed to the public view on or from any unit or the common elements, without the prior consent of the Board of Directors.

(d) No animals, livestock or poultry of any kind shall be raised, bred or kept in any unit or in the common elements, except that dogs, cats or other household pets may be kept in units, subject to the rules and regulations adopted by the Council or Board of Directors.

(e) No noxious, offensive or illegal activity shall be carried on in any unit or in the common elements, nor shall anything be done which may be or become an annoyance or nuisance to the other unit owners.

(f) Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Board of Directors.

(g) There shall be no violation of, rules for the use of the units and common elements, adopted by the Board of Directors and furnished in writing to the unit owners, and the Board of Directors is authorized to adopt such rules.

(h) At any one time no more than fifteen percent (15%) of the total number of units within the Four Hooppole South Condominium be leased as rentals. The Board of Director’s Secretary will maintain an accurate, timely, and complete list of all rental units. Approval of the applications for leasing will be granted only in the event that the maximum number of leased Units (15%) has not been reached and will be granted to the first applicants until the Fifteen Percent (15%) maximum is reached. Unit owners desiring to rent his or her unit must submit an application to the Board of Directors and obtain written approval of the application from the Board of Directors prior to taking any steps toward the leasing of the Unit to ensure that this limitation is not exceeded.”

All leases shall be in writing, on a form approved by the Council. No total or partial subleasing is permitted. During periods of rental occupancy, no landlord-tenant relationship shall exist between the Council and the Lessee. The Unit Owners must appoint, in writing, the Council as attorney-in-fact for the purpose of enforcing the terms of the lease related to any violations of the Condominium Declaration, Bylaws or Rules and Regulations. This appointment shall be incorporated into or included as an addendum to the lease. The Council can notify the Unit owner, in writing, precluding extension of any lease beyond its original term if the occupant has demonstrated a continuing disregard for the Association’s Condominium Declaration, Bylaws or Rules and Regulations. Any lease shall be subject in all respects to the provisions of the Declaration, the Bylaws, and the Rules and Regulations and any failure by the tenant to comply with the terms of such instruments shall be a default under his lease, and any lease shall so provide. In the event of the non-compliance by any tenant of a Unit with the terms of this Declaration, the Bylaws or the Rules and Regulations, the Council shall have the right, in addition to any other rights available to it, to require the Unit Owner of such Unit to terminate such lease because of such default and otherwise to treat such noncompliance as ****Unofficial and Unrecorded***** noncompliance by the Unit Owner. 9

SECTION 6. Use of Common Elements.

Each unit owner shall have the right reasonably to enjoy the general common elements of the Condominium in accordance with the ordinary and useful purposes for which they are intended and in common with all other unit owners. The Board of Directors may adopt rules and regulations which establish limits which augment the enjoyment of the general common elements.

SECTION 7. House Rules.

(a) In order to assure the peaceful and orderly use and enjoyment of the Condominium and common elements of the Condominium, the Board of Directors may from time to time adopt, modify, amend, enforce and revoke, in whole or in part, at any meeting of the Board of Directors duly called for that purpose, such reasonable rules and regulations, to be called the "House Rules", governing the conduct of persons on the Condominium premises, as it may deem necessary. Such house rules, upon adoption, and every amendment, modification, and revocation thereof, shall be delivered promptly to each unit owner and shall be binding upon all unit owners and other occupants of the Condominium. The Council of Unit Owners at the annual meeting or at a special meeting of the Council can cause an amendment, modification or revocation of a house rule if they believe the house rule is not in the best interests of the condominium at large. A vote to veto a rule can be taken at any annual or special meeting of the Council where at least one- third of all the votes in the Council are represented. A rule can be revoked or modified if a majority of the owners present or represented so vote.

(b) In the event of a violation of one or more of these house rules or in the event of a violation of the use restrictions on a unit or on the use of the common elements by a unit owner, the Board of Directors is authorized to impose a fine against such unit owner in a reasonable amount determined by the Board of Directors on a case-by case basis, after complying with the dispute settlement mechanism as set forth in Section 11-113 or any successor provision of the Maryland Condominium Act to wit:

(i) Written demand to cease and desist (ii) Written notice of hearing before the Board of Directors (iii) Hearing before the Board of Directors and imposition of penalty as appropriate.

Upon such imposition of penalty, a written notice will be forwarded to the offending unit owner with an explanation of the penalty and three (3) day notice to correct the violation. Such fine shall constitute a lien.

SECTION 8. Right of Entry.

The Manager, if any, and any person authorized by the Board of Directors shall have the right to enter each unit in case of emergency originating in or threatening such unit whether or not the unit owner or occupant is present at the time. Every unit owner and occupant shall permit the Manager, if any, or his representative or any person authorized by the Board of Directors to enter his unit when necessary at reasonable times for the purpose of performing authorized installations, alterations, or repairs to the common elements therein that relate to central services, or with respect to inspections relating to the common elements of the Condominium. Such entry shall be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board of Directors out 9 Filed17-Oct2005Liber1165page567 ****Unofficial and Unrecorded***** of the common expense fund. The Council is not responsible for damage caused to a unit by the Council related to or caused by a violation of the House Rules, Declaration or Bylaws.

SECTION 9. Title and Mortgage.

Every unit owner shall promptly cause to be duly recorded in the Land Records of Garrett County, Maryland the deed, deed of trust, if any, lease, assignment, or other conveyance to him of his unit or other evidence of his title thereto and file such evidence of his title and deed of trust, if any, with the Board of Directors through the Manager, if any, or the Chairman of the Board of Directors in the event there is no Manager. A unit owner who mortgages his unit shall notify the Council through the Manager, if any, or the Chairman of the Board of Directors in the event there is no Manager, of the name and address of his mortgagee.

SECTION 10. Insurance.

(a) The Board of Directors as Trustee and on behalf of the Council shall obtain and maintain insurance coverage upon the Condominium (including all of the Units and Common Elements) as set forth in Paragraphs (b) through (j) hereof,10 and with an insurance company authorized to do business in the State of Maryland. (b) Physical Damage - to the extent available all buildings, improvements and personal property of the Condominium (as defined in Paragraph iii hereof) shall be insured for the Council of unit owners and mortgages thereof against risks of physical damage as follows: (i) Amounts - as to real and personal property for an amount equal to the full insurable replacement cost. The Board of Directors is authorized to obtain a qualified appraisal of real and personal property if, from time to time, it is deemed necessary. (ii) Risks insured against the insurance shall provide for loss or damage by reason of: 1. Fire, extended coverage and vandalism as described on the standard insurance form. 2. Such other extensions of coverage as the Board of Directors may, from time to time, deem necessary. (iii) Definitions - when the insurance under paragraph (b) hereof is to cover "buildings, improvements and personal property", such insurance shall also cover: 1. All additions and extensions attached thereto. 2. All fixtures, machinery, and equipment constituting a permanent part of and pertaining to the service of the building(s). 3. Material and supplies intended for use in construction, alteration or repair of the building(s). 4. Yard fixtures. 5. Docks, television equipment and other recreational structures. 6. Personal property of the insured owned in common by the Council. (iv) In The insurance deductible shall be paid by the council of unit owners as a common expense if the cause of any damage or destruction of any portion of the condominium originates from the common elements. The insurance deductible shall be paid by the owner of the unit where the cause of the damage or destruction originates from a unit, provided, however, the unit owner’s responsibility for the deductible shall not exceed the maximum amount allowed by law. The deductible charged to the Unit Owner shall be considered a special assessment against the 10 Filed2010Liber1518page423 ****Unofficial and Unrecorded***** Unit Owner and Unit and shall be collected in the same manner as a condominium assessment. The deductible amount exceeding the amount that is chargeable to the unit owner shall be paid by the Association as a common expense.11 (c) Comprehensive Liability - to the extent available, comprehensive general liability coverage in the amount of $1,000,000.00 combined single limit for personal injury and/or property damage and such other extensions of coverage or policy limits as the Board of Directors, may, from time to time, deem necessary, including umbrella liability coverage which together with the basic coverage of $1.000,000 equals the value of the condominium common elements to the extent such insurance coverage is available. This coverage shall include cross-liability wherein the rights of one insured under the policy(s) shall not be prejudiced as respects their action against another named insured. (d) Board of Directors Members and Officers Liability Insurance - in an amount determined by the Board of Directors. (e) Worker's Compensation - to the extent necessary to comply with existing and applicable Maryland statutes pertaining to worker's Compensation and Employers' Liability. (f) Fidelity Bond - to the extent available, a blanket fidelity bond covering the Manager, Board of Directors, all employees, and agents of the Condominium in an amount not less than twenty-five (25%) per cent of the current annual common expense plus one hundred percent (100%) of the reserve. (g) Comprehensive Automobile - to the extent available, comprehensive automobile liability coverage with limits not less than that provided for the basic comprehensive general liability, and other coverage as the Board of Directors may, from time to time, deem necessary. (h) Other Insurance - such other insurance coverage as the Board of Directors may, from time to time, deem necessary. (i) Insurance to be payable in case of loss to such bank or trust company (the "Insurance Trustee") authorized to do business in the State of Maryland as the Board of Directors shall designate for the custody and disposition as herein provided of all proceeds of such insurance. Upon request by a unit owner, true copies of such insurance policies or current certificates thereof, shall be deposited promptly with the unit owners and mortgagees for units or interests therein. Such insurance shall be provided and shall not prejudice the rights of each unit owner to insure his unit for his own benefit. In every case of loss or damage, all insurance proceeds shall be used as soon as reasonably possible by the Council for rebuilding, repairing, or otherwise reinstating the Condominium in a good and substantial manner according to the original plan and elevation thereof or such modified plans as shall be first approved by the Council. (j) Such policy or policies of insurance shall to the extent available:

(i) provide that the liability of the insurer there under shall not be affected by, and that the insurer shall not claim any right of setoff, counterclaim, apportionment, proration, or contribution by reason of any other insurance obtained by or for any unit owner; (ii) contain no provision relieving the insurer from liability for loss occurring while the hazard to such building is increased, whether or not within the knowledge or control of the Board of Directors, or because of any breach of warranty or condition or any other act or neglect by the Board of Directors or any unit owner or any other person; (iii) provide that such policy may not be canceled (whether or, not requested by the Board of Directors except by the insurer giving at least thirty (30) days prior written notice thereof to the Board of Directors, the unit owners, and every other party in interest who shall have requested 11 Filed2010Liber1518page423 ****Unofficial and Unrecorded***** such notice from the insurer; (iv) Contain a waiver by the insurer of any right of subrogation to any right of the Board of Directors or unit owners against any of them or any other person under them; (v) Contain a standard mortgagee clause which shall: 1. Provide that any preference granted to a mortgagee in such policy shall mean and include all holders of mortgages of any unit of the Condominium in their respective order and preference, whether or not named therein; 2. Provide that such insurance, as to the interest of any mortgagee, shall not be invalidated by any act or neglect of the Board of Directors or unit owners or any persons under any of them; 3. Waive any provision invalidating such mortgagee clauses by reason of the failure of any mortgagee to notify the insurer of any hazardous use or vacancy, and requirement that the mortgagee pay any premium thereon, and any contribution clause; and 4. Provide that without affecting any protection afforded by such mortgagee clause, any proceeds payable under such policy shall be payable to said bank or trust company designated by the Board of Directors. (k) Insurance to be Maintained by Unit Owner - Each Unit Owner must obtain insurance at his/her own expense affording coverage against (a) damage to or destruction of improvements or betterments installed in the Unit, or any of his/her personal property which is located anywhere upon the land or with the improvements which constitute the Condominium, (b) building components where the cause of the damage originates in the unit (to the maximum amount permitted by law), and (c) personal liability incurred by such Unit Owner and arising out of the use of such Unit Owner’s Unit by any person, but each policy which affords such coverage shall contain the same waiver of subrogation by the insurer as that referred to in the provisions of Section 10 (j) (iv) and either shall provide that the insurer have no right of contribution against any casualty insurance affording coverage against such risk held pursuant to the provisions of this Article VI, Section 10 (notwithstanding that such Unit Owner may be an insured there under) or shall be written by the same carrier as that of such insurance held by the Council. The Unit Owner’s policy must contain Loss Assessment coverage to cover the maximum insurance deductible that can be charged to a unit owner by the Maryland Condominium Act. 12

ARTICLE VII AMENDMENT

SECTION 1. Amendment.

These By-Laws may be amended, modified, or revoked in any respect from time to time by the affirmative vote of sixty-six and two-thirds percent (66 2/3%) of all the votes in the Council entitled to be cast therefore at a meeting duly called for such purpose.

SECTION 2. Conflict.

In the event of any conflict between these By-Laws and the Declaration, the latter shall govern and apply.

ARTICLE VIII RATIFICATION 12 Filed2010Liber1518page423 ****Unofficial and Unrecorded*****

A person by his purchase of a unit in the condominium and making settlement therefore does thereby accept and adopt all actions taken by the Council and the Board of Directors prior to the date of the purchase and settlement of such unit.

ARTICLE IX RESIDENT AGENT

The name and post office address of the resident agent authorized to accept service of process in any action against the Council or which arise through any cause relating to the common elements, all as authorized pursuant to the Code, is:

Thomas C. Schild 1010 Wayne Avenue, Suite 1440 Silver Spring, Maryland 20910

Said resident agent shall serve until his successor has been duly designated.

ARTICLE X NO SEVERANCE OF OWNERSHIP

No unit owner shall execute any deed, mortgage or other instrument conveying or mortgaging title to his unit without including therein the appurtenant common elements, it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage or other instrument purporting to affect a unit without including all such appurtenant common elements, shall be deemed and taken to include all such appurtenant common elements even though the latter shall not be expressly mentioned or described therein. No part of the appurtenant common elements of any unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other disposition of the unit to which such common elements are appurtenant, or as part of a sale, transfer or other disposition of such part of the appurtenant common elements of all units.

ARTICLE XI ENFORCEMENT

In any action by the Board of Directors to enforce the Declaration, Bylaws, rules or resolutions of the Board of Directors, the prevailing party shall be entitled to recover its attorney’s fees and costs from the other party. ****Unofficial and Unrecorded***** TABLE 1: MAINTENANCE, REPAIR AND REPLACEMENT RESPONSIBILITIES (See Notes on page following this table) Column I Column II Column III Column IV Column V

General Common Elements Under Unit Elements Under CUO LCE or Unit Elements under Unit Owner's Elements LCE under CUO Responsibility CUO Responsibility Responsibility Responsibility

Parking spaces and driveways. All in all regards. ------

Refuse collection systems. All in all regards. ------Grounds, including all landscaped and All in all regards, except within the --- Plantings inside the fence surrounding a paved areas, docks and other fence surrounding the patios of single unit patio. - improvements thereon lying outside single units. the main walls of the buildings. Building structure, exterior roof, All in all regards in Cabin. All in all regards. ------exterior vertical walls, foundations. Windows, including windows in doors. All in all regards in Cabin. All in all regards with certain All in all regards except routine Routine cleaning. exceptions expressed elsewhere cleaning. herein regarding routine cleaning. Doors, including sliding glass doors. All in all regards in Cabin. All in all regards with certain All surfaces exposed to exterior, Interior of door panel, interior trim. Door exceptions expressed elsewhere including door panel, bucks, trim hardware including lock, hinges, closure herein regarding routine cleaning. and sill. and door chime assembly and routine cleaning. Fence and fence door. All in all regards, except fence Fence door and routine cleaning. - - door and routine cleaning.

Patios, balconies, decks and sheds. All in all regards except routine Routine cleaning and maintenance. - - cleaning. Plumbing and related systems and All maintenance, repair and All portions, including fixtures and components thereof replacement of portions of plumbing appliances attached thereto which serve constituting service to more than only one unit. one Unit. Water damage to common elements or Units other - than the one which is the primary source of the problem through negligence of the occupants of such Unit. Electrical and related systems and All, in all regards, if serving more All except that switches, wall All, in all regards, including appliances, components thereof, including than one unit. sockets, circuit breakers and any wall sockets, switches, and circuit appliances, fixtures and lights. other items which serve one Unit breakers serving one Unit. - but lie outside its legally defined boundaries are the Council of Unit Owners' responsibility. Screens on windows and doors. All in all regards in Cabin. - --- All in all regards. Heating and cooling systems and All in all regards. - - - components.

-23- ****Unofficial and Unrecorded***** Interior walls. - - --- All in all regards.

-24- TABLE 1 - NOTES

MAINTENANCE, REPAIR AND REPLACEMENT RESPONSIBILITIES:

This chart and the title and headings used herein are not intended to describe or encompass all maintenance, repair and replacement functions nor to delineate all respective responsibilities between the unit owners, severally, and the Council of Unit Owners. The placement of responsibility under any specific column does not always accurately reflect the precise character and nature of the component. The appropriate section of the Declaration determines the nature of the component.

Column I: Items. Items appearing in this column are illustrative and not exhaustive.

Column II: General Common Elements Under Council of Unit Owners Responsibility. Responsibility for determining and providing for the maintenance, repair and replacement requirements of the General Common Elements, and determining the costs there of shall be the responsibility of the Council of Unit Owners and such designees to which it may delegate certain such responsibilities.

Column III: Unit Elements Under Council of Unit Owners Responsibility. The items in this column are by definition Unit components even though the responsibility for the maintenance, repair and replacement of these specific items shall rest under the Council of Unit Owners and will be paid out of Common Expenses.

Column IV: Limited Common Elements Under Council of Unit Owners Responsibility. The items in this column are not intended to be exclusive and all-encompassing and do not affect responsibilities otherwise expressly provided for. Financial responsibility for repair and replacement of limited common element components rests with the owner of the unit to which the limited common element is appurtenant.

Column V: Limited Common Elements or Unit Components Under Unit Owners’ Responsibility. The items in this column are not intended to be exclusive and all-encompassing and do not affect responsibilities otherwise expressly provided for, including Amendments to the Bylaws recorded September 30, 2003 at Liber 1001 at folio 0154, recorded November 17, 2006 at Liber 1267 at folio 0288 and August 28, 2005 at Liber 1149 at folio 0330. These three specific Amendments shall remain in full force and effect, except that their references to Column III of the Maintenance Chart shall be changed to Columns III, IV, and V. 13

13 Filed25-Jun2008Liber1376page216 ****Unofficial and Unrecorded*****

Exhibit "D" Schedule of Percentage Interests and Votes

Unit Percentage Interest Votes

______

Unit Al 2.0834% 1 Unit A2 2.0833% 1 Unit A3 2.0834% 1 Unit A4 2.0833% 1 Unit A5 2 0833% 1 Unit A6 2.0834% 1 Unit Bl 2.0833% 1 Unit B2 2.0834% 1 Unit B3 2.0833% 1 Unit B4 2.0833% 1 Unit B5 2.0833% 1 Unit B6 2.0833% 1 Unit B7 2.0834% 1 Unit B8 2.0833% 1 Unit Cl 2.0834% 1 Unit C2 2.0833% 1 Unit C3 2.0833% 1 Unit C4 2.0833% 1 Unit C5 2.0833% 1 Unit C6 2.0834% 1 Unit D1 2.0833% 1 Unit D2 2.0834% 1 Unit D3 2.0833% 1 Unit D4 2.0833% 1 Unit D5 2.0834% 1 Unit D6 2.0833% 1 Unit El 2.0833% 1 Unit E2 2.0833% 1 Unit E3 2.0834% 1 Unit E4 2.0834% 1 Unit E5 2.0833% 1 Unit E6 2.0833% 1 Unit Fl 2.0833% 1 Unit F2 2.0834% 1 Unit F3 2.0833% 1 Unit F4 2.0833% 1 Unit F5 2.0833% 1 Unit F6 2.0833% 1 Unit F7 2.0834% 1 Unit F8 2.0833% 1 Unit Gl 2.0833% 1 Unit G2 2.0833% 1 Unit G3 2.0834% 1 Unit G4 2.0833% 1 Unit G5 2.0833% 1 Unit G6 2.0834% 1

-26- ****Unofficial and Unrecorded***** Unit G7 2.0834% 1 Unit G8 2.0833% 1

-27- ****Unofficial and Unrecorded*****

Exhibit "C" Condominium Plat