Port of Old Mission Condominium III 
Red Fox Run Association

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 Common Grounds Standards 

POM III Policy Letter G-1

June 1, 2010

The association is committed to preserving, maintaining, and developing the natural environments within POM III. The association will consider a request to remove, trim or add trees, bushes and other plantings when requested. This process will consider maintenance and/or enhancement of current view; effect on neighbors; overall wooded appearance; proximity to buildings; and impact on property values. The requester will replace tree(s) and plantings when the association board determines replacement appropriate. The location, number, size, and type of replacements will be negotiated between the board of directors and the co-owner.

1. Maintaining Bay Views The Board will consider a request for maintenance of bay views. Only those properties that were considered full or partial view properties at the time of sale by the Developer will be considered for maintenance of bay views. Maintenance will be at the co-owners expense. A picture of the original view is not required but would be helpful. The developer has provided the association with a list of properties that were considered view properties at the time of original sale.

2. Removing and/or Planting Tree(s) If the Board approves a co-owner's request to remove a live tree from the common element area, the board may request that the co-owner replace the tree. Replaced trees may be ornamental, pine or slow growing trees such as oak, hard maple, or beech. The tree could be planted in the area where the tree was removed or in another area approved by the Board to enhance the common element.

3. Maintenance of plantings in Common Elements. No Co-Owner of any unit shall perform any major landscaping enhancement, for example planting of trees, shrubs or any ornamental materials, upon the common elements (front, rear or side area) without the express written approval of the Board of Directors. Owners may add minor plantings, for example planting annual flowers, to the limited common element (the area established directly outside their unit) as long it does not create additional maintenance or go beyond the established limited common element. No Co-owner of any unit shall plant or maintain any plant material which shall adhere to or in any way interfere with the convenient access to any exterior wall or compromise structural integrity, Maintenance of common element decorative areas shall be controlled by the Association. Maintenance of additional landscaping approved by the Board of Directors shall be the responsibility of the Co-Owner who requested the landscaping improvement or modification, unless the Board of Directors specifically agrees to pay for the maintenance of this area. Further, the Board of Directors shall have the continuing right to remove any landscaping items from the common elements at any time without compensation to the Co-Owner. In addition, the Board of Directors may remove any landscaping from the limited common elements that it determines has been neglected and detracts from the quality of the appearance of the overall grounds.

4. Subcontractors Co-Owners are welcome to participate in the maintenance of the common element decorative areas closest to their individual unit. Maintenance suggestions or needs should be directed to the Manager Owners who choose to hire outside help for general maintenance services should take in consideration Michigan Department of Labor guidelines to determine whether those who work for you are legal subcontractors (see the attached "SUBCONTRACTOR CHECKLIST"). It is recommended that owners hire legal contractors. Co-Owners must insure that any subcontractors hired by the Co-Owners are properly insured. Co-Owners shall be responsible for any damages caused by subcontractors engaged by the Co-Owner.

Co-owners will submit a plan to the Property Manager requesting trimming, planting or removal of any shrubs, bushes, or plants. This includes any disturbance of soil. The plan must include the exact location where the work is to be done. The Manager will determine if the request is a minor enhancement or a major enhancement requiring Board approval. Unless a waiver is granted by the Manager, a request will be required each year so that the Association will be able to monitor all digging in the common and limited common elements. The Property Manager will present the plan to the Grounds Committee. The Grounds Committee will forward the request to the Association Board with a recommendation. The POM III Board of Directors will approve or disapprove the request and through the Property Manager advise the co-owner of its decision. Repair of any damage done to the irrigation system during the installation of the enhancements shall be the responsibility of the Owner.

This policy does not apply to any agreement regarding trees and other plantings entered into at the time of sale between first co-owner and the developer. Such agreements do not transfer to the subsequent co-owner(s) unless recorded as part of the title.

Violations of this policy may be subject to the violation process included in the Governing Documents of the Association. Article VII Use and Occupancy Restrictions: Enforcement Section 2. Enforcement

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