1

Exhibit "H"

Design Guidelines & Standards

2

APRIL 9, 1996

CLAGETT FARM

DESIGN GUIDELINES

AND

STANDARDS

3

DESIGN GUIDELINES

AND STANDARDS

TABLE OF CONTENTS

INTRODUCTION/WELCOME ........................................................................................................ 4 IMPORTANT REMINDERS ............................................................................................................ 5 General Considerations and Guidelines for each of the following: ADDITIONS, (e.g., Rooms, Screened Porches, Sunrooms) AND STORAGE SHEDS ................... 5 DECKS, PORCHES AND PATIOS .................................................................................................. 6

Location ................................................................................................................................ 6 Scale and Style ...................................................................................................................... 6 Material ................................................................................................................................. 6 Color ..................................................................................................................................... 6 Underdeck Storage ................................................................................................................ 6

FENCES ............................................................................................................................................. 7 BASKETBALL BACKBOARDS ..................................................................................................... 7 LANDSCAPING(ADDITIONAL) AND TREE REMOVAL ........................................................... 8

Landscaping .......................................................................................................................... 8 Tree Removal ........................................................................................................................ 8

LIGHTING – EXTERIOR ................................................................................................................. 8 PAINTING/STAINING/COLOR CHANGES - EXTERIOR ........................................................... 10 PLAY EQUIPMENT ......................................................................................................................... 10 RETAINING WALLS ....................................................................................................................... 10 SCREEN DOORS/WINDOWS AND STORM DOORS/WINDOWS ............................................. 11 SWIMMING POOLS ........................................................................................................................ 11 FLAGPOLES ..................................................................................................................................... 12 REMOVAL OF EXISTING STRUCTURES .................................................................................... 12 MAINTENANCE .............................................................................................................................. 13

Lawn and Garden Guidelines ................................................................................................ 13 Exterior Appearance Guidelines ........................................................................................... 13

APPLICATION PROCEDURES ATTACHMENTS A. Application Form

4

ARCHITECTURAL AND ENVIRONMENTAL CONTROL COMMITTEE

WELCOME TO CLAGETT FARM

CLAGETT FARM HOMEOWNERS ASSOCIATION, INC.'S

GUIDELINES FOR MODIFICATION OF HOMES AND GROUNDS

The legal documents for Clagett Farm contain covenants, including those pertaining to architectural controls. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in such ownership, irrespective of whether or not these owners are familiar with such covenants. Homeowners should be familiar with the requirements of the Declaration of Covenants, Conditions, and Restrictions of the Clagett Farm Homeowners Association, Inc. (the "Covenants") and should always refer to them when contemplating any additions, improvements, modifications, changes or alterations in any manner whatsoever to their dwelling or lot (collectively the "Improvements and/or Alterations").

The provisions relating to Architectural Controls are generally found in Articles VIII and IX of the Covenants. Article VIII of the Covenants establishes an Architectural and Environmental Control Committee (the "Committee") and sets forth the general standards and guidelines that must be followed whenever a homeowner within the Community desires to make any · Improvements and/or Alterations. Article IX of the Covenants describes the types of uses which are either limited or prohibited within the Community. Where appropriate, these Guidelines will make reference to the provision in the Covenants which addresses the design issue being discussed.

The purpose of the following Design Guidelines and Standards (the "Guidelines") is to provide homeowners with a sense of the type of architectural designs, materials and standards which the Committee generally will deem to be appropriate, as well as those that will generally be deemed inappropriate. In accordance with the Covenants, prior to any modification or addition to a dwelling or lot, an Application for Improvements and/or Alterations must be completed and submitted to the Committee. Applications which incorporate the general concepts of these Guidelines are generally more likely to be approved than those that do not. However, the Committee may be receptive to proposals for other attractive and compatible designs that do not follow these Guidelines.

The primary purpose of the Architectural Control and Design Covenants that are contained in the Covenants is to maintain environmental and architectural design standards for the entire Community. The promulgation and enforcement of these Guidelines is intended to achieve the following objectives:

• Maintain consistency with the overall design concept for the Community;

• Promote harmonious architectural and environmental design qualities and features; and

• Promote and enhance the visual and aesthetic appearance of the Community.

The promulgation and enforcement of design standards not only enhances the physical appearance of a Community, but protects and preserves property values. Homeowners who reside in association communities which enforce design covenants are protected from actions of neighbors which can detract from the physical appearance of the Community and, in some cases, diminish property values. In fact, surveys of homeowners living in association communities consistently reveal that this was an important consideration in their decision to purchase a home.

The Board of Directors of the Clagett Farm Homeowners Association, Inc. (the "Association") or the Committee, must give careful consideration to any requests for Improvements and/or Alterations within the Community and have, therefore, found it necessary to develop these Guidelines as a means of

5

protecting all homeowners and maintaining the style and continuity established for the Association. These Guidelines will serve as. a valuable reference source and will familiarize homeowners at Clagett Farm with the objectives, scope and application of Design Guidelines and Standards which are intended and will be employed to maintain the aesthetic appearance and environmental quality of the Clagett Farm Community. They enumerate specific guidelines and standards· which must be adhered to by homeowner s desiring to construct or install any decks, patios, porches, fences, or children's play equipment upon their lot and will assist homeowners in preparing acceptable Applications for review by the Associations’ Board of Directors or Committee. All homeowners are encouraged to familiarize themselves with these Guidelines and to retain them for future use. IMPORTANT REMINDERS: County Approvals

Many exterior projects require a review and permit from Montgomery County in addition to Association approval and the property. owner is responsible for all such County approvals. Montgomery ·County authorities should be contacted before commencement of work to be sure that any and all required permits have been obtained. County approval does not preclude the need for Committee approval, nor does Committee approval relieve the applicant of the responsibility to obtain County permits. In some cases, Montgomery County may require written confirmation of approval by the Association 's Committee before issuing a permit.

When planning a modification, do not rely on previous modifications your neighbors may have done to their property. It may not have been approved or, if approved, it may have had different reasons for being approved than your Application. Each Application is processed individually, and you are responsible for' getting the Association's Committee and County approval for your modification.

Committee approval in no way deals with, guarantees, or warrants that the improvements comply with building 'codes, governmental regulations, or sound engineering practices; all of the aforementioned being outside the scope of the Committee's approval. ADDITIONS (e.g., Rooms, Screened Porches, Sunrooms) AND STORAGE SHEDS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Artic le VIII, Section 1; and Article IX; Sections 1 (e), (h), (m), (t), (v) and (w). General Considerations

Major additions can have a significant impact on the appearance of the original building and on neighboring property, and the Committee will be sensitive to this fact in making its decisions regarding the addition.

The homeowner may submit concept drawings or preliminary plans for Committee review and comment before more detailed plans are made. Any preliminary comments are not' to be interpreted as guidance and not final. approval by the Committee. Guidelines

The design of the addition must be compatible in scale, massing, roof pitch, character, materials and color with the original house. The location of the addition should be planned to minimize the effect on neighboring properties as it relates to their privacy and views and located to minimize the removal of trees and other vegetation. The Committee will likely require additional landscape screening of adequate size at the time of planting to soften the visual effect of the addition from the neighbors or street. Changes

6

in grade or drainage resulting from the addition must not adversely affect adjacent property and should be shown on the site plan. Storage sheds must be of the same architectural design, coloring and roof slope as the house. DECKS, PORCHES AND PATIOS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l (t)and(v). General Considerations

All decks, porches and patios which are not builder options must be approved by the Committee. Any adverse drainage requirements which might result from the construction of a patio, porch or deck should be considered and remedied. Approval will be denied if the Committee believes that adjoining properties are adversely affected by changed in drainage. The use of a partially porous patio surface or the installation of mulch beds adjacent to a deck, porch or patio are ways to offset drainage concerns. Homeowners are advised to consider the following factors: Guidelines

Location: Decks, porches and patios should be located in rear yards. Side yard locations will probably not be approved but may be evaluated on their individual merit.

Scale and Style: Patios, porches and decks, particularly elevated decks, should be of a scale and style which are compatible with the home to which attached, adjacent homes and the environmental surroundings. To the greatest extent feasible, finishes should be of a color type and style to coordinate with the attached home. Examples include using Chippendale, Sunburst or other similar architectural designs for the rail posts instead of plain posts; painting rail sections to match the trim of the house; using like shingles and matching roof pitches on porches; and using trim grade wood.

Material: Materials should be primed and painted to coordinate with the house and/or have natural weathering qualities such as brick, wood and stone. Rail sections of wood decks should be of pressure treated cedar, fir or redwood.

Color: Decks made from wood may be left their natural color, although painting of rail sections is recommended. Deck rails which are painted should generally match the trim or dominant color of the applicant's house. Unfinished natural wood should be treated each year. Clear wood finish by McCormick would be an excellent alternative.

Underdeck Storage: Elevated decks have an underdeck area which can have a negative visual impact on adjoining neighbors, particularly when used as an informal storage space for items such as lawn equipment, firewood, children's· toys and s1milar items. The area should not be used as storage. The use of · landscaping to minimize adverse, visual impacts of the deck structure itself is encouraged and may be required by the Board of Directors or the Committee, particularly in the case of high decks.

On walkouts, the area beneath the deck should be finished with gravel placed over a liner and contained by a wood or brick trim border or, if conditions allow, grass may be planted beneath the deck. The Committee may require some additional landscaping around the deck in instances where the deck is visible from the neighbors, the road or recreational areas. Lattice under decks is not allowed.

7

FENCES Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l(v); and Section 5. General Considerations

No Lot shall have placed or erected upon it any fence, unless the type and location is first approved by the Committee. Except as provided herein, the Committee shall be bound by at least the following limitations in connection with the approval of any Application for the construction of a fence. Guidelines

All fences on Lots within the Community shall be one of the following types: (a) wooden three (3) rail split; or (b) wooden three (3) rail estate type unpainted (or painted white only); or (c) three-board "horse country" fencing wooden painted white or white rigid vinyl similar to that' installed by the Declarant along Warfield Road. Fences are to be of a height not to exceed 48 inches at the top of the top rail. Chain link and other metal fencing is specifically prohibited, except vinyl or similarly coated wire may be attached to the inside of an approved fence.

Fences are to be erected on the perimeter of Lots provided that no fence. shall be erected forward of the rear building line of the Dwelling of the Lot upon which such fence is created. The location of the fences on corner Lots, pipestem Lots and Lots adjoining pipestem Lots must be reviewed by the Committee on an individual basis to consider the impact on adjacent Lots. Pipestem Lots with rear yards that abut side or front yards of adjacent homes would not be allowed fencing. If alternative fencing- is required by law in connection with the use and operation of an in-ground swimming pool, then the same shall be permitted provided the fence is to be constructed of wrought iron, and its location is limited to the perimeter of the pool deck. BASKETBALL BACKBOARDS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l(n). General Considerations

High visibility and loud noise are among the concerns associated with siting of a basketball backboard. The best siting provides enough room for a small basketball play area and locates the backboard so as to be as inconspicuous as possible from the road and adjacent properties. The best siting also minimizes the amount of noise to adjacent neighbors. Guidelines

Acceptable locations for a basketball backboard are the rear yard and side of the driveway. Backboards will not be permitted to be mounted on the house. The backboard must be pole mounted -- no portables are allowed. The pole must be painted black or dark green. The backboard should be clear plexiglass, white or a neutral color to blend with the house. No brightly colored backboard tape should be used. Black, dark green or white tape is acceptable.

It may be w1avoidable that the location of the backboard be within direct view of road traffic and neighbors. In this case, fast growing trees such as White Pine and Leyland Cypress are recommended to

8

provide screening, if possible. They are commonly available, grow vigorously, and can be pruned to meet space requirements. Eight to ten foot height plants are recommended for most situations; 5 - 6 foot height plants will be the minimum size considered. Trees should be planted approximately 6 feet apart on center. LANDSCAPING (ADDITIONAL) AND TREE REMOVAL Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l (r), (s), (t), and (v); Sections 5, 6 and 7; and Article X. Guidelines

Landscaping: Plans for additions or modifications to existing landscaping and/or the removal of existing trees which are larger than four inches in diameter (measured two feet above the ground) or more than fifteen (15) feet in height must be submitted to the Committee for approval. In many cases, landscaping is required as an adjunct and a condition for approval for other modifications such as the addition of a deck or fence and, as noted in other sections of this booklet, is required as part of the Application for such items.

Landscape modifications or additions should be integrated in a way which is harmonious with the existing landscaping on the lot and the adjacent lots. Front yard landscaping will be carefully considered for its effect on the overall streetscape. Generally, landscaping serves to visually soften or provide a finished look to a lot and should not be planted in such a way as to create a fenced-in appearance. Planting of flowers by the owner is acceptable without making Application to the Committee; however, flowers should be tasteful and blend well with the existing landscaping. While it is difficult to imagine any flowers being in poor taste, one example of flowers the Committee would prohibit are the giant sunflowers which grow several feet from the ground.

Planters on steps and walkways are acceptable without making Application to the Committee and should be planted in a tasteful manner in keeping with the Community.

Tree Removal: Approval of the removal of trees will be granted only where such removal is reasonably necessary for the construction of driveways, paths, or other approved lot improvements. Tree removal is a very serious issue which should only be undertaken when necessary for aesthetic, grading or safety reasons. Like landscape modifications, tree removal may be necessary in order to accomplish another modification. If this ·is the case, an indication of the tree(s) to be removed and reason for removal must be included in the modifications Application. Homeowners are asked to carefully plan modifications so as to eliminate or minimize the need to remove any trees. In most cases, the homeowner will be asked to offset any tree loss, whether associated with another modification or not, with new plantings.

NOTE: Stockpiling of materials such as mulch, compost or firewood will only be permitted in rear yards and must be properly screened from the view of others and must be shown on the plan for approval. LIGHTING – EXTERIOR Covenant Reference·

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l(i).

9

General Considerations

Typical site lighting may include lighting fixtures 'of the following types, subject to the specifications set forth in the paragraphs which follow: .

• Building -mounted lights at entries

• Post-mounted lights

• Garden lights

• Building-mounted security flood lights in hooded fixtures, in rear only

• Flush up or accent lighting

Consistent with its daytime character, Clagett Farm should be viewed as a quiet, natural nighttime setting without intense, overly decorative lighting. Fixtures should be of high quality, traditional in design, compatible with the house. Whether building-mounted or freestanding, lighting fixtures should be properly located and directed downward, diffused, or shielded to avoid causing glare when viewed from adjacent properties or from the street. No exterior lighting, emanating from a Lot, shall be directed outside the boundaries of the Lot. Guidelines

• Lamps should be an incandescent type of 100 watts or less for most Applications. High wattage commercial/industrial type fixtures are unacceptable.

• Unobtrusive house-mounted fixtures are preferred when possible.

• When house-mounted light is inadequate for proper illumination, high- quality, post-mounted fixtures of 8 feet or less in height are preferred.

• Low-level landscape or garden lighting should be used sparingly, if at all, for areas along

foundations only, and these fixtures should be spaced long distances apart from each other to avoid any kind of a commercial effect. Such lighting must be worked into planting or mulch beds for ease of mowing and will not be permitted to be placed along driveways or pathways.

• Security flood lights should be used with discretion so as not to adversely impact adjoining properties. When the rear lot line of a residence adjoins wooded areas or other similar situation, and the rear lot line does not adjoin a current ·or future residential lot or street, flood lights may be used for security purposes to illuminate the rear yard. Flood lights should always be within attractive fixtures and not of the bare bulb and socket variety. They should be mounted on the soffit board (not on the brick or siding), under roof eaves and should be a color which matches or blends with the surface upon which they are mounted.

• All conduit and wiring should be buried and out-of- sight.

• Sodium vapor quartz and other non-incandescent varieties of lamps are presently unacceptable.

• Flush-up and accent lighting for house facades must be of low intensity to create a subtle, warm impression. The lights must not be obtrusive either as visible fixtures nor provide any glare. Such lighting should be totally or partially buried in the ground.

10

PAINTING/STAINING/COLOR CHANGES - EXTERIOR Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l(m). General Considerations

All exterior color (or material) changes on a home or other approved structure in Clagett Farm must be submitted in writing to the Committee for approval. Generally, the Committee is agreeable to colors that create a subtle, traditional effect which is harmonious with the house and complementary to the surrounding homes in the Community. Guidelines

No request for approval is required to re-paint any exterior elements in the existing approved color(s) already on the house. If new colors are desired, the selected colors (or materials) must be harmonious with the other colors (or materials) used on the structure, e.g., roofing, trim and brick, and must be harmonious with the color scheme used in the neighborhood. PLAY EQUIPMENT Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l(n), (o) and (v). General Considerations

For many homeowners, children's play equipment including swing sets, jungle gyms, sand boxes and similar type equipment are desirable additions to a homesite. Respect for neighbors and the aesthetic quality of the Clagett Farm Community must, however, be given due consideration. Such equipment should be placed in such a manner so as not to constitute a nuisance to adjoining homeowners and to be as inconspicuous as possible from the street. Guidelines

The Committee prefers that play equipment be constructed predominantly of wood in natural appearance and maintained with preservative.

Play equipment will only be permitted in the rear yard where it will not be readily visible from the street. Wherever possible, screening of the equipment should be accomplished by evergreen plantings to insure year-round protection. The subject of basketball equipment is addressed in a previous section of this booklet.

All homeowners desiring to install any children's play equipment, including basketball equipment and screening, must make Application and be granted formal approval prior to installation. RETAINING WALLS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l(t) and (v).

11

General Considerations

Retaining walls should be as unobtrusive as possible and should be installed only where stru9turally necessary such as for purposes of diminishing erosion or creating a more level lawn or garden area. Retaining walls .to be installed at the time of original construction must be applied for as part of the new construction Application package. Retaining walls should be built only to the minimum height needed to serve their function. Guidelines

Retaining walls. must be constructed of stone, brick or approved interlocking architectural precast concrete blocks. The ends of all walls must be gradually tapered down to the ground rather than abruptly ending. Concrete walls or walls constructed of rounded landscape timbers will not be approved for aesthetic reasons. In some cases, safety codes may require a railing atop the retaining wall; the owner is responsible for determining through the proper authorities if a railing or other safety measure is required.

Should a railing be required, the design specifications including dimensions, material and color

must be included as part of the Application. Alternatively, the homeowner may want to consider stepping the wall in a terracing effect in order to keep the wall height below the maximum allowable height for which a rail is not required.

In certain instances, plantings may be required to screen areas where the retaining wall will create an objectional view either from the street and/or neighboring homes. SCREEN DOORS/WINDOWS AND STORM DOORS/WINDOWS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l (e). General Considerations

Should a homeowner decide to install screen/storm doors and windows, the homeowner should specify a design and color which does not alter the appearance of the door or window behind it or detract in any way from the traditional theme of the home and Community. Guidelines

Screen/storm doors and windows should allow a full or nearly full view of the existing door or window behind it and should be a color which matches the existing door or trim color, whichever will create the most unobtrusive appearance. Half screens will not be permitted. Generally, only straight-line framing with little or no ornamentation will be considered and permitted. SWIMMING POOLS Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l (q), and (v); and Section 5. General Considerations

Swimming pools can greatly enhance the enjoyment and livability of a home while also providing excellent exercise benefits to the homeowner. However, because of the possible intrusion on adjacent

12

properties, swimming pool plans will be very carefully reviewed and considered in terms of any possible disturbance to others.

A swimming pool and the associated decking and fencing must be planned and designed in conformance with the character of the Clagett Farm Community. Concept or preliminary plans may be submitted to the Committee for review and comment before full working construction drawings are undertaken. Guidelines

Swimming pools may only be located in rear yards and only in-ground swimming pools may be approved. Above-ground pools are prohibited.

The Committee must also review requests for hot tubs and spas. If not in-ground, the hot tub or spa must be architecturally treated with decking and the base must be enclosed to hide the tub from view.

Swimming pool and hot tub equipment must be located to avoid interference with neighbors and must be enclosed architecturally or screened from view with evergreen landscaping. Structures to be used to enclose equipment must also be softened with landscaping where visible from other properties. FLAGPOLES Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Section l(e). General Specifications

Permanent flagpoles should be of a height, color and location which is appropriate for the size of the property and background. Permanent free- standing flagpoles are approved only for detached houses and must be installed and maintained in a vertical position.

Homeowners wishing temporary flagpole staffs which do not exceed six feet in length and are attached at an incline to the front wall or pillar of the house or dwelling unit need not have an Application. Guidelines

Application to the Committee must include:

1. Site plan showing the relation of pole to the house, property line and adjacent neighbors.

2. Picture and/or detailed drawing of pole to include dimensions.

3. Description of material and color of flagpole.

4. Estimated installation. REMOVAL OF EXISTING STRUCTURES Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; and Article IX, Sections l(t) and (v).

13

General Considerations

The removal of any building, major addition; fence, wall, major landscaping or oth.er natural or structural element which changes the exterior appearance of the property must be approved in writing by the Committee.

Removal of minor, less substantial additions such as basketball backboards or play equipment will not require Committee approval as long as the area is restored.

Materials must be properly disposed of outside of the boundary of any properties of the Clagett Farm subdivision. Guidelines

Your Application should consist of a clear written description or other depiction (drawing or photograph) of what is to be removed. MAINTENANCE Covenant Reference

The following provisions within the Covenants specifically relate to this issue: Article VIII, Section l; Article IX, Sections 6 and 7; and Article X. General Considerations

Property ownership includes the responsibility for maintenance of al1 structures and grounds which are a part of the property. This includes, but is not limited to, items such as mowing grass, removal of trash and structural maintenance. Maintenance affects the visual character and economic values of the property and neighborhood and, in some cases, safety.

Lawn and Garden Guidelines – Turf areas need to be mowed at regular intervals, maintaining a maximum height of six (6) inches, and a minimum height of two (2) inches. Changes to this requirement may be made according to specified plans. Planted beds must be kept in a neat and orderly manner.

Exterior Appearance Guidelines - Homeowners are responsible for maintaining the exterior of their dwellings and any other structures on their lots, such as decks, fences, sheds and playground equipment. The following represents some conditions which the Committee considers a violation:

1. Peeling paint on exterior trim.

2. Dented mailboxes or mailboxes and/or stands in need of repainting.

3. Playground equipment which is either broken or in need of repainting.

4. Fences with either broken or missing parts.

5. Sheds with broken doors or in need of painting or repair.

6. Decks in need of repair or re-staining. 7. Concrete or masonry block foundations and/or party walls in need or repainting.

14

Most homeowners would not allow any of the above conditions to exist as they seek to preserve and protect their investment in their homes and to limit their personal liability by keeping all improvements on their lots in good condition. The Committee expects that all residents will do this necessary maintenance to prevent any of the cited conditions from occurring in Clagett Farm. APPLICATION PROCEDURES Application for approval for any modifications to your home or property may be sent to the Committee at StoneRidge Builders and Developers at the address noted below.

1. A copy of the Application for Architectural Change Form is attached. You may also pick-up additional Application forms by contacting the developer:

StoneRidge Builders and Developers c/o Pulte Home Corporation 18310 Montgomery Village Avenue, Suite 450 Gaithersburg, Maryland 20879 (301) 921- 8707 Re: Clagett Farm Subdivision

2. Read this booklet - Design Guidelines and Standards.

3. Review the covenants - (review the specific Article/Section relating to your Application).

4. Develop your plan. (Consider the impact on your neighbors).

5. Submit the completed Application and all required plans, as clearly and thoroughly as possible.

6. Your Application will be processed by the Committee on a first-come, first-served basis.

7. A member of the Committee will review your Application to determine if the information

provided is sufficient for the Association to be able to review it. If not, you will be asked to provide additional information. Your request will be included on the agenda for the next regular meeting of the Committee.

8. The Committee member will then provide to each member of the Committee a copy of your Application prior to the meeting so that they will, have a chance to visit your property to best understand your plans.

9. Your request will then be reviewed by the Committee at their next regularly scheduled meeting.

10. The Committee will provide you with their written response (approval or disapproval) through regular mail within sixty (60) days after the full and complete Application; plans, specifications and fees have been submitted.

11. Modifications must be commenced within six (6) months of the receipt of written approval from the Committee and then must be completed within six (6) months of the date of commencement.

12. Should you or any of your neighbors feel you have been aggrieved by an action of the Committee, you may appeal the decision of the Committee to the full Board of Directors.

15

Clagett Farm Homeowners Association: Satellite Dish/Antenna Placement Policy By publishing this policy, the Clagett Farm HOA Board of Directors expects that all homeowners will abide by the policies outlined in this document. This policy will supersede all other rules and regulations pertaining to satellite dishes (currently prohibited) and will be in compliance with current FCC guidelines. Homeowners and residents of Clagett Farm wishing to install satellite dishes must give prior written notice to the Clagett Farm Homeowners Association through its agent, Todd Hassett, The Management Group Associates, One Bank Street, Suite 250, Gaithersburg, Maryland 20878.

1. The request shall include description of the device (commercial name, size, color), specific location of the proposed installation, and expected date of installation. (Use this fom1to submit.)

2. Only satellite dishes having a maximum diameter of 1 Meter (or 39 inches) or less and intended to receive video programming and/or high-speed data signal from direct broadcasting satellites will be permitted.

3. The specified location of the satellite dish will be roof-mounted or affixed to the rear portion of the house in such a way that it is not visible from the front of the residence, not visible from the street in front of the residence, and minimally visible from the rear or side of the house. The color of the satellite dish should also blend in with the surrounding area. It is anticipated that the cost of this installation is considered reasonable, per industry guidelines.

4. If attempts to comply with the above policy result in an impaired signal that does not permit proper directional pointing of the satellite dish in order to receive adequate reception for use, seconda1y locations (without the need for a variance) would include an inconspicuous mounting at the side of the dwelling or on a mast on the rear slope of the roof. The guiding objective is to make a minimal intrusion on the architectural appearance of the residence and the neighboring community.

5. Ground installations and deck installations are prohibited unless all other attempts to comply with the HOA guidelines result in an impaired signal that does not support adequate reception, and the Board has granted a variance.

6. To receive a variance, a written explanation from the installer is required. The Clagett Farm HOA will expeditiously consider (within 30 days) the request to assure that it confom1s to the community standard, while at the same time, not creating unreasonable delay.

7. Satellite dishes may not be installed on any common property maintained by the Clagett Farm HOA. No wire, cable or other device may travel through Clagett Farm common property.

8. The owner is responsible for meeting all local codes and obtaining any necessary permits. 9. Homeowners and residents are strongly encouraged to seek professional installation for reasons

of safety and to ensure compliance with applicable guidelines. Satellite Dish Description Make: __________________________________ Model: ________________________________ Size: __________________ Color: _________________ Proposed Installation Date: _______ Location to be installed: ________________________________________________________________ _______________________________________________________________________________________________ __________________________________ _________________________ Clagett Farm Homeowner Signature Date

16

CLAGETT FARM HOA MAILBOX ORDERING There is one style mailbox that is acceptable in Clagett Farm. This mailbox is from Steel City, Model 170-15, Size 1 ½ (8x10.5x21) -Verde Green. This mailbox can be purchased directly from The Management Group for $100. You can order a mailbox by sending in a check for $100 made payable to Clagett Farm with a note requesting a new mailbox. Once the check is received, The Management Group will deliver the mailbox to your doorstep during their next weekly inspection. Only the mailbox can be ordered from The Management Group, posts would still need to be ordered from Maurice Electric. The Management Group address is 20440 Century Blvd., Suite 100, Germantown, MD 20874. This mailbox can be purchased from Maurice Electric at 981 Rollins Ave. in Rockville, phone number 301-468-7300 ask for Scott Van Leer at extension 230. The mailbox is the Hanover Model 170-15G. They also have the posts that go with this mailbox. His fax number is 301-468-0377. They take Visa, MC, Amex, Discover and it normally takes a week to order it and have it shipped directly to you. Mr. Lou Flyr was the person that initially installed all the mailboxes and he can be reached at 410-730-3446 if you need someone to install it. Contractors or General Handyman can order the mailbox from Commonwealth Lighting in Fredericksburg, VA, phone 1-540-899-5576, have them ask for a rural mailbox, Hanover model 45320, Color Verde.

17

RESOLUTION OF THE BOARD OF DIRECTORS ACTING AS THE ARCHITECTURAL AND

ENVIRONMENTAL CONTROL COMMITTEE

THIS RESOLUTION is made this 9th day of April 1996, by the Board of Directors of the Clagett Farm Homeowners Association, Inc., acting as the Board of Directors of the Association and Architectural and Environmental Control Committee (the “Committee”) pursuant to Articles VIII and IX of the Declaration of Covenants, Conditions, and Restrictions (the “Declaration “).

REC ITA LS :

WHEREAS, Article VIII, Section 2, of the Declaration provides that the Board of Directors or a separate Committee appointed by the Board of Directors, shall act as the Architectural and Environmental Control Committee; and

WHEREAS, Article VIII , Section 6, of the Declaration provides that the Committee may, from time to time, adopt and promulgate such rules and regulations regarding the form and content of plans and specifications to be submitted for approval and may publish and record such statements of policy, standards, guidelines and establish such criteria relative to architectural styles or details, fences, colors, setbacks, materials or other matters relative to architectural control and the protection of the environment, as it may consider necessary or appropriate; and

WHEREAS, Article IX, Section 9, of the Declaration further provides .,.that there shall be no violation of any rules for the use of the Common Areas and Community Facilities or "House Rules 11 or other Community rules, guidelines and regulations not inconsistent with the provisions of this Declaration which may from time to time be adopted by the Board of Directors If the Association and promulgated among the membership of them in writing, and the Board of Directors is hereby and elsewhere in this Declaration authorized to adopt such rules; and

WHEREAS, the Committee desires to exercise its authority and discretion as provided in the Declaration · (including that authority and discretion contained in Article VIII, Section 6 and Article IX, Section 9, of the Declaration) and adopt and promulgate the Clagett Farm Design Guidelines and Standards, dated April 9, 1996, a copy of which is attached hereto (the "Design Guidelines and Standards '').

WHEREAS, pursuant to Articles VIII and IX of the Declaration, and subject to the - Recitals, the Committee passes the following resolution:

REC ITA LS :

NOW, THEREFORE, in consideration of the foregoing, and incorporating the Recitals, the Board of Directors acting as the Architectural and Environmental Control Committee of the Clagett Farm Homeowners Association, Inc., hereby pass the following Resolution: BE IT RESOLVED, THAT:

1. The Committee hereby adopts and promulgates the Design Guidelines and Standards attached hereto which shall be a House Rule of the. Association pursuant to Article IX, Section 9, of the Declaration.

18

Exhibit "G"

MPDU Declaration of Covenants

.

19

Subdivision Name: Clagett Farm

M O D E R A T E L Y P R IC E D D W E L L I N G U N I T D E C L A R A T I O N O F C O V E N A N T S

F O R -S A L E S U B D I V I S I O N S

THIS DECLARATION made this 28th day of February, 1995, hereinafter set forth by PULTE

HOME CORP0R.ATION, (owner), (hereinafter referred to as "Declarant").

NOW, THEREFORE, Declarant hereby declares that all of the properties described hereinafter shall be held, sold and conveyed subject to the following covenants, and restrictions:

A R T I C L E I :

Declarant Is the owner of all of the property set forth and described in the list attached hereto and made a part hereof as Exhibit A. The properties are tile subject of this Declaration of Covenants, and are hereinafter referred to as the Moderately Priced Dwelling Units (MPDUs).

A R T I C L E I I :

For a period of ten years beginning on the date of recordation of the first deed from the Declarant or such other period as established by law, the MPDUs and the improvements hereon and those that may subsequently be made to the MPDUs must not be sold for an amount in excess of the maximum sales price established in accordance with Section 9 of Chapter 25A of the Montgomery County Code, 1984, as amended, and any appropriate Executive Regulations. Closing costs, improvements and brokerage fees shall be defined and assessed in accordance with the terms of Chapter 25A and regulations adopted pursuant thereto. The resale price adjustment for the MPDUs must be made based upon the annual increase in the cost of 1iving as measured by the Consumer Price Index (CPI-U for the Washington Metropolitan Area) published by the U.S. Department of Labor.

A R T I C L E I I I :

For the first sale of the MPDUs after the expiration of the 10 year resale price control period referred to in Article II, the seller of the MPDU as a condition of transferring good title, must make a payment to the Housing Initiative Fund in accordance with provisions contained in section 25-A-(9)(c) of the Montgomery County Code 1984, as amended, and any applicable Executive Regulations. After the required payment has been received by the Montgomery county Department of Finance the restrictions contained in these Covenants will be released. The Housing Opportunities Commission of Montgomery County and other housing development agencies or corporations approved by the County Executive are exempt from this provision of the Covenants.

A R T I C L E I V :

Purchasers of Moderately Priced Dwelling Units, except for the Housing Opportunities Commission and other housing development agencies or corporations approved by the County Executive, are not permitted to lease or rent Moderately Priced Dwelling Units to other parties for a period of ten years from the original date of purchase of the MPDU. This restriction may be waived by the County to allow for temporary rental of the MPOU, not to exceed a two year period, for good and sufficient cause. The unit must be rented in accordance with regulations established by the County Executive. Purchasers must receive written permission from the County to rent their MPDU temporarily.

20

A R T I C L E V :

Declarant, its heirs, assigns, and successors, hereby irrevocably assigns, transfers, and conveys

unto Montgomery County, Maryland all its right, title, interest, or obligation to enforce and maintain in full force and effect, the terms, conditions, and requirements of this Declaration of Covenants. +

A R T I C L E V I :

Enforcement of these Covenants by Dec1arant or Montgomery County, Maryland must be by and

proceeding; at law or in equity, against any person or persons violating or attempting to violate intentionally or otherwise, any covenant or restriction herein contained either to restrain any violation hereof or to recover damages or monies, or to proceed against the land or the MPDUs in the enforcement of any lien or obligation created by or resulting from these Covenants.

A R T I C L E V I I :

These Covenants are binding upon the MPDUs, upon Declarant and its heirs, successors, and assigns, and upon all transferees and transferors of the title to the MPDUs for the period of time stated and until the fulfillment of all other provisions contained herein including the payment required to be made to the Housing Initiative Fund.

A R T I C L E V I I I :

The original deed of conveyance from the Declarant, its heirs, assigns or successors, and all subsequent transfers, assignments of deeds of conveyance out by subsequent owners of the MPDU, must, during the terms of these Covenants, contain conspicuous language specifically reciting that the MPDUs are subject to these Covenants and reference the date of recordation of these Covenants and the Liber and Folio as recorded among the Land Records of Montgomery County, Maryland. Notice must be included in any contract of sale which fully and completely discloses the resale price restrictions and controls established herein. All subsequent sellers of the MPDU must likewise provide such notice in contracts of sale.

A R T I C L E I X :

These Covenants cannot be amended or released, except by the expiration of the control period stated herein in Article II, and receipt by the Montgomery County Department of Finance of the proper payment to the Housing Initiative Fund, without prior written consent of Montgomery County, Maryland.

A R T I C L E X :

If the MPDU is sold at a foreclosure sale, the restrictions contained in the Covenants will be terminated after the County has received the payment required to be made to the Housing Initiative Fund in accordance with the provisions of Section 25A-9(e) of The Montgomery County Code 1984, as amended and any applicable Executive Regulations.

A R T I C L E X I :

If any default occurs and is continuing, the County may apply to any state or federal court having

jurisdiction for specific performance of this Declaration of Covenants, for an injunction against any violation of this Declaration of Covenants, or for such other relief at law or equity as may be appropriate and consistent with applicable requirements of the Declaration of Covenants. No remedy conferred upon or reserved to the County by this Declaration of Covenants is intended to be exclusive of any other available remedy or remedies, but each and every such remedy is cumulative and is in addition to every other remedy given under this Declaration of Covenants, existing at law or in equity. No delay or

21

omission to exercise any right or power accruing upon any failure to perform under this Article will impair any such right or power or will be construed to be a waiver thereof. If upon or after the occurrence of any to default be a waiver hereunder, thereof. the County incurs expenses for the enforcement or performance or observance of any obligation or agreement on the part of others contained herein, the County must be reimbursed upon demand by the party or parties for reasonable expenses paid to third parties.

A R T I C L E X I I :

In the event any provision of this Declaration of Covenants shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof.

IN WITNESS WHEREOF, Declarant Pulte Home Corporation has caused these presents to be executed by its Vice President, Potomac Operation, its corporate seal to be affixed hereto, and does hereby appoint Paul A. Bonner its true and lawful attorney-in-fact to acknowledge and deliver these presents. *Paul A. Bonner W I T N E S S : D E C L A R A N T : P U L T E H O M E C O R P O R A T I O N

C O U N T Y O F M O N T G O M E R Y I HEREBY CERTIFY that on this 28th day of February 1995, personally appeared Paul A. Bonner, who is personally well known to me as the person named as attorney-in-fact as aforesaid, and by virtue vested in him as aforesaid, acknowledged the same to be the act and deed of Pulte Home Corporation, the declarant herein, for the purposes therein contained.

22

E x h i b i t A

THE PROPERTY: Clagett Farm (Subdivision Name) This property was acquired by Pulte Home Corporation on December 1, 1994 (date). The Deed is recorded at Liber 13113 Folio 661 . Identify the MPDUs by LOT, BLOCK, PLAT NUMBER, PLAT BOOK, STREET ADDRESS, AND TAX ACCOUNT NUMBER OR PARCEL IDENTIFYING NUMBER.