610 Clematis’ common areas are for the exclusive use of Association members and their families, lessees, guests, domestic partners and visitors accompanied by a member. No other person shall be permitted to use the common elements without the prior consent of the Board. As some of the common elements have limited capacities, residents should not abuse guest privileges to the detriment of other residents. Inviting too large a group to the swimming pool so that it negatively impacts other residents would be an example. Any resident considered by building management or the Board to be abusing guest privileges will be asked to limit their guests’ use to a more reasonable level and will be expected to courteously comply.

1. Smoking.

No smoking is permitted on the Recreation Deck except in the barbecue area. Only cigarette smoking is permitted, no cigars or pipes. This applies to visitors, guests, domestic partners, employees, and workmen, as well as owners and residents. Before entering the building from outside, smokers must extinguish cigarettes, cigars, etc. in the receptacles adjacent to the lobby entrances. The common areas include but are not restricted to hallways, stairwells, elevators, lobbies, mail room, management office, conference room, recreation deck, fitness center, restrooms, gardens, fountain areas, garages and all areas within the property lines other than private residences. While balconies and terraces are private property, we ask persons smoking on their balcony or terrace to be considerate of others using their balconies or terraces at the same time and try to avoid sending smoke in their direction.

2. Lobbies, Hallways and Elevators.

a) Attire. Proper attire (shirts, shorts, footwear, and cover-ups for bathing suits) is required in the lobbies, elevators, corridors, fitness center, parking garage, stairwells or any other portion of the common elements other than the pool area itself, where cover-ups are not required. Persons returning from the pool, sauna or steam rooms in wet clothing or bathing suits must towel dry before entering the building.

b) Use. Residents, guests and pets may not play in the lobbies, elevators, hallways or other interior common areas. No resident is permitted on the rooftops for any purpose, and is responsible for keeping their families, guests and employees off of the roof.

c) Bicycles, Roller Blades, etc. No use of bicycles, tricycles, roller skates/blades, skateboards, scooters or similar equipment is permitted in lobbies, hallways, stairwells, fitness center, garages, and recreation deck or outside covered walkways adjacent to the 610 building. The above restrictions do not apply to vehicles and equipment for the disabled such as mobility scooters, wheelchairs, etc.

d) Obstructions. Sidewalks, entrances, passages, lobbies and public hallways and other portions of the common elements shall not be obstructed nor used for any purpose other than for ingress and egress to and from the property. Nor shall any carts, bicycles, tricycles, scooters, surfboards, skateboards, roller blades/skates, carriages, chairs, tables, or any other objects be stored therein, except in areas (if any) designated for such purposes.

e) Behavior. Inappropriate or abusive behavior such as overly loud, vulgar or threatening language toward any member of the building staff or any owner, resident, guest or visitor is prohibited. Loud noises caused by radio, television, cars, motorcycles, etc., will not be tolerated in common areas or from balconies.

f) Restrictions. In the interest of uniformity, no sign, poster, ornament, etc., may be displayed on a unit’s front door or balcony except for temporary holiday decorations which must be removed within one week after the holiday, small religious symbols mounted on doorjambs, and one (1) portable, removable official flag. No doormats of any kind may be placed in the hallways. If a unit’s front door lock is changed, the replacement lock mechanism must exactly match the original lock in color, shape, size and finish.

3. Recreation Deck.

a) Intent. The Recreation Deck is meant to be an area of relaxation where one can sun, read and chat undisturbed. Residents should ensure that their behavior does not interfere with relaxation of others.

b) Participants. Use is restricted to owners and tenants, their immediate families, visitors accompanied by an owner or resident, and guests activated with the Association. Use by employees of owners or residents is prohibited, other than nannies or attendants who are on duty and accompanying their charges at the time. Security staff reserves the right to identify all users of the Recreation Deck. Anyone not activated or in the company of an owner or resident will be asked to leave the property.

c) Risk. All persons using the Recreation Deck’s pool and Jacuzzi area do so at their own risk, as is the case in the sauna, steam room and fitness center.

* d) Food and Beverages. Glass and breakable items are not permitted in the pool area. Paper and plastic cups are acceptable but must be disposed of after use in the trash receptacles provided. No food permitted in the Recreation Deck’s pool and Jacuzzi area.

Lounges and Chairs. Lounges and chairs are to be placed far enough away from the pool edge to permit a clear path around it and are not to be removed from the deck. It is not permitted to reserve lounges or chairs for extended periods of time.

Restrictions.

1) Children under the age of 16 years may not use the pool or Jacuzzi unless supervised by an adult who is expected to exercise proper authority over their charges. No jumping or diving into pool is allowed. No running, throwing balls, shouting or overly boisterous activity is allowed. Noodles, kickboards, water wings and life jackets are permitted in the pool, nothing else. Persons wearing diapers or who are not toilet trained must wear protective waterproof swim diapers such as “swimmies”. Playing in and around the garden fountain and reflecting pools are not permitted.

2) Scuba gear and fireworks are not permitted at any time.

3) Persons listening to radios, CD players, portable TVS or other sound emitting devices must wear headphones.

4) No smoking is permitted on the Recreation Deck except in the barbecue area. Only cigarette smoking is permitted, no cigars or pipes.

5) Parties on the deck are restricted to areas outside the pool area fence and, if consisting of more than 14 people, must be approved in advance by the building Management and notice given to the security staff. A $500 refundable deposit for damages and clean up is required for all party/event reservations plus $25 an hour for extra security should 14 or more people be attending the event.

* Amended 01/28/09
*** 4. Barbecue Areas.

Cooking on the barbecue grills is restricted to owners, tenants and guests over 18 years of age. The barbecues are available on a first come-first served basis. No glass containers are permitted. Grills are used at your own risk and must be cleaned. All trash must be disposed of. The Association is responsible for keeping the barbecue area in order, but it is each user’s responsibility to leave the area clean and neat.

*5. Fitness Center, Sauna and Steam Room.

**** **a) Use of these facilities is restricted to residents and guests. Visitors must be accompanied by an owner or resident at all times. Non over night guests may only use the fitness center five (5) visits per calendar year. Persons under the age of sixteen (16) are prohibited from using the gym without adult supervision. Persons under the age of (14) are not permitted in the Fitness Center. No pets or glass containers are permitted. All use is at the user’s risk.

b) Footwear and hand towels to wipe down the equipment are required. Headphones are required when using TV’s to avoid disturbing others.

****c) Personal trainers are welcome as long as they are instructing a resident or are residents themselves. Resident trainers may NOT use the facilities for instructing nonresidents.

d) Before leaving the facility, users are to turn off the TV sets at the fitness machines they have used, restore weights to their proper place and wipe off any perspiration from equipment they have used. The user is expected to leave the equipment the way they would like to find it.

*e) Fitness center hours of use are from 5AM to 11PM. Maximum capacity of those using the equipment at any one time is 30 persons. Any malfunctions or safety concerns should be immediately reported to the management.

6. Luggage and Shopping Carts. All luggage carts and shopping carts are to be used within the building and not taken off the premises. They must be checked out from the front desk and returned when finished. Residents are required to leave an acceptable form of ID, which will only be returned to them upon the cart’s return. Residents who do not promptly return or continually abuse the carts or violate this policy intentionally will be denied future use. If the cart is lost or stolen the resident will be charged its replacement cost or repair cost if it is damaged. Carts are not to be used by contractors.