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ATTORNEYS AT LAW

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September 27, 2017

Janice E. Zupon, Esq. 50 Public Square, Suite 2000

Cleveland, Ohio 44113

Tara at Barrington Estates Condominium c/o Michelle Imbeau, Property Manager Grace Property Services, LLC 1375 South Main Street, Suite 201 North Canton, Ohio 44720

Dear Mrs. Imbeau:

Re: Drone Restriction, Insurance, Marijuana Smoking, Pet Restriction, Annual Meeting Date, Board Number, and Annual Audit Amendments

Enclosed, please find the original, fully executed and recorded Amendments to the Declaration of Condominium Ownership for Tara at Barrington Estates Condominium. The Amendments were filed with the Portage County Recorder's Office on August 17, 2017, at Instrument No. 201713846. The Amendments became binding and effective on the date they were filed. Please keep the original Amendments in the Association's permanent file.

As the Board will recall, the insurance amendment requires the Association to only insure the "bare walls," meaning the structure and exterior of the buildings, as well as the windows and doors in the outside walls of the units. The amendment also gives the Board the option to insure items inside each unit, such as cabinets and plumbing fixtures. Because of that, I recommend that at the next Board meeting, the Board propose, second, and approve of a motion stating that unless and until the Board decides otherwise, the Association will carry property/casualty insurance only as provided in Declaration Article IX, Section l(a)(i), as amended (ie insurable improvements installed by the Declarant or Association comprising the Common Elements, the Limited Common Elements located outside the Unit; perimeter windows and doors of the Unit; and structural components of the building located within the Unit and all personal property owned by the Association for which it is responsible).

CLEVELAND Terminal Tower

50 Public Square, Suire 2000 Cleveland, Ohio 44113

(216) 696-0650 (216) 771-8478 Telefax

COLUMBUS OfficePointe at Polaris

470 Olde Worthington Road, Suire 460 Columbus, Ohio 43082

(614) 882-3100 (614) 882-3800 Telefax

Each unit owner must in turn insure all portions of the unit and limited common elements located inside their units. This includes, without limitation, all fixtures, all interior doors, plaster or plasterboard, drywall or other wall material, wall and floor coverings, appliances, improvements within or a part of said Unit, and all utilities within and serving only the said Unit. A motion that is recorded in the Board's meeting minutes makes clear that the Board has decided not to expand insurance coverage for the present time and the foreseeable future.

The Board should also take the following steps:

(1) Provide owners with information on the Association's insurance policy, including the company insuring the Association and the amount of the Association's insurance deductible.

(2) Notify the Association's insurance agent that the Amendment has passed so that the Association's insurance policy can also be adjusted accordingly, if needed.

The entire Amendments document must be copied and delivered to every owner, including the Board members. Please include with the Amendments document a cover letter to each owner that advises them that the Amendments should be filed with their copy of the Declaration and Bylaws and that they must pass the documents on to any future buyer of their unit.

The cover letter should also advise owners that:

(1) drones are prohibited from being operating on the property, except as are approved by the Board.

(2) they must now fully insure their personal belongings and all portions of their units from and including the drywall, inward.

(3) the smoking or burning of marijuana and any other legal or illegal substance on the property is prohibited.

(4) there are new limitations on pets. Upon the demise or removal of a "grandfathered" pet from the property, it may not be replaced.

(5) in 2018, the Annual Meeting will now be held sometime not less than 9 nor more than 15 months from the prior Annual Meeting.

(6) as of the recording of the Amendment, Board members must be a member in good standing in order to serve on the Board.

Now that the Amendments have been recorded and delivered to the Association, our work on this matter is complete and I have closed our file accordingly. It has been my pleasure to work together with the Association on this matter.

Should you or any of the Board members wish to further discuss this matter, please do not hesitate to telephone me.

JANICE E. ZUPON

JEZ: sh Enclosure cc: All Board Members (via electronic mail only)

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AMENDMENTS TO THE

DECLARATION OF CONDOMINIUM OWNERSHIP

FOR

TARA AT BARRINGTON ESTATES CONDOMINIUM

PLEASE CROSS MARGINAL REFERENCE WITH THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR TARA AT BARRINGTON ESTATES CONDOMINIUM RECORDED AT INSTRUMENT NO. 200517547, OF THE PORTAGE COUNTY RECORDS.

AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR

TARA AT BARRINGTON ESTATES CONDOMINIUM

WHEREAS, the Declaration of Condominium Ownership for Tara at Barrington Estates Condominium (the "Declaration") was recorded at Portage County Records Instrument No. 20051754 7, and the Bylaws of Tara at Barrington Estates Unit Owners Association, Inc. (the "Bylaws"), attached to and made a part of the Declaration, were recorded at Portage County Records Instrument No. 200700722, and

WHEREAS, the Tara at Barrington Estates Unit Owners Association, Inc. (the "Association") is a corporation consisting of all Unit owners in Tara at Barrington and as such is the representative of all Unit owners, and

WHEREAS, Article XIX of said Declaration authorizes amendments to the Declaration and Bylaws Article X authorizes amendments to the Bylaws, and

WHEREAS, Unit owners representing not less than 75% of the Association's voting power have executed instruments in writing setting forth specifically the matters to be modified (the "Amendment"), and

WHEREAS, the Association has in its records the signed, written consents to Amendment A signed by Unit owners representing 91. 66% of the Association's voting power as of June 5, 2017, and

WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 91.66% of the Association's voting power authorizing the Association's officers to execute Amendment A on their behalf, and

WHEREAS, the Association has in its records the signed, written consents to Amendment B signed by Unit owners representing 91.66% of the Association's voting powerasofJune5,2017,and

WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 91.66% of the Association's voting power authorizing the Association's officers to execute Amendment Bon their behalf, and

WHEREAS, the Association has in its records the signed, written consents to Amendment C signed by Unit owners representing 75.00% of the Association's voting power as of June 5, 2017, and

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WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 75.00% of the Association's voting power authorizing the Association's officers to execute Amendment Con their behalf, and

WHEREAS, the Association has in its records the signed, written consents to Amendment D signed by Unit owners representing 82.14% of the Association's voting powerasofJune5,2017,and

WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 82.14% of the Association's voting power authorizing the Association's officers to execute Amendment Don their behalf, and

WHEREAS, the Association has in its records the signed, written consents to Amendment E signed by Unit owners representing 91.66% of the Association's voting power as of June 5, 2017, and

WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 91.66% of the Association's voting power authorizing the Association's officers to execute Amendment Eon their behalf, and

WHEREAS, the Association has in its records the signed, written consents to Amendment F signed by Unit owners representing 85.71% of the Association's voting power as of June 5, 2017, and

WHEREAS, the Association has in its records the power of attorney signed by Unit owners representing 85. 71 % of the Association's voting power authorizing the Association's officers to execute Amendment Fon their behalf, and

WHEREAS, attached hereto as Exhibit A is a certification of the Association's President and Secretary stating that the Amendment was duly adopted in accordance with the provisions of the Declaration, and

WHEREAS, the proceedings necessary to amend the Declaration as required by Chapter 5311 of the Ohio Revised Code and the Declaration have in all respects been complied with.

NOW THEREFORE, the Declaration of Condominium Ownership for Tara at Barrington Estates Condominium is hereby amended by the following:

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AMENDMENT A

INSERT a new DECLARATION ARTICLE III, SECTION 2(t) entitled, "Drones." Said new addition, to be added on Page 8 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

(t) Drones. To protect the privacy of the Unit owners, residents, Occupants, and guests of Tara at Barrington Estates, the use, operation, or control of drones or any other remote flying device equipped with camera or surveillance equipment is prohibited on the Common Elements and the individual Units, unless such use, operation, or control has been approved in writing by the Board of Directors.

Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment prohibiting the use of drones on the common elements and lots without prior Board approval. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

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AMENDMENTB

DELETE DECLARATION ARTICLE XI entitled, "INSURANCE: LOSSES," in its entirety. Said deletion to be taken from Pages 14·18 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547.

INSERT a new DECLARATION ARTICLE XI entitled, "INSURANCE AND RECONSTRUCTION." Said new addition, to be added on Page 14 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

ARTICLE IX

INSURANCE AND RECONSTRUCTION.

Section 1. Property Insurance

(a) Coverage.

(i) Mandatory Coverage. The Association will carry Property Insurance (also sometimes known as "casualty insurance" or "fire and extended insurance"), subject to a deductible as provided for in Section l(e) below, on: (a) the insurable improvements installed by the Declarant or the Association comprising the Common Elements, including the Limited Common Elements located outside the bounds of the Unit, (b) the windows and doors located in the perimeter walls or ceiling of the Unit, (c) structural components of the building located within the Unit, and (d) all personal property owned by the Association and for which the Association is responsible. In general terms, the Association is responsible for having Property Insurance from the backside of the Unit's perimeter drywall out, which excludes the drywall itself (the drywall is a component of the individual Unit). This is commonly known as a ''bare walls" Property Insurance policy.

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(ii) Optional Coverage. The Association may, as the Board so determines, also carry Property Insurance on some or all of the :fixtures, structures, components of the Unit, betterments, and other insurable installations and improvements installed within or as part of the Units. In deciding whether to increase, or later decrease the scope of Property Insurance coverage permitted by this subparagraph, the Board may, among other factors, consider the Association's insurance claim history, the financial costs to the Association and the individual Unit owners, mortgage market requirements, and the overall state of the condominium insurance market. The Board's decision as to the scope of Property Insurance coverage will be reflected from time to time in the Board's meeting minutes. In the event of a conflict between the Board's meeting minutes and the terms of the insurance policy itself with respect to the scope of the Association's Property Insurance coverage, the Board's meeting minutes will control. The Unit owners will have the burden to determine whether any portion of the Unit is insured under the Association's Property Insurance policy. The Association will provide the Unit owners with at least 30 days prior written notice of any increase or decrease in the scope of Property Insurance coverage, particularly as it pertains to the Units.

(b) Risks to be Insured and Availability of Insurance. The Association's Property Insurance will protect against loss or damage by fire and hazards now or in the future embraced by a special form policy, and all other perils that are customarily covered by similarly constructed and situated condominium associations in Portage County, Ohio. The amount of insurance purchased must be sufficient to cover 100% of the then replacement value, less deductible, without deduction for depreciation, excluding excavation and foundation costs and other items normally excluded from such coverage. If the cost of 100% full replacement coverage, less the deductible, for Property Insurance is unreasonably

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expensive, as the Board so determines, then in no event will the coverage be in an amount less than 80% of the then current replacement value, less the deductible and with exclusions as provided for in this Section.

(c) Beneficiary Interests. Subject to the provisions of Section l(d) below, all Association insurance is for the benefit of the Association, each of the Unit owners, and the holders of mortgages on the Units, as their interest may appear, and will provide for the issuance of certificates of insurance with mortgagees' endorsements to the holders of mortgages on the Units, if any.

(d) Claim Filing. The Board has the sole right and authority to file, or authorize the filing of, and adjust any and all claims for damage or destruction that are or may be covered by the Association's Property Insurance policy regardless of the person(s), including mortgagees, who may be named as an additional insured or beneficiary of such policy, as the Board determines is consistent with the intent of the Declaration and in the Association's best interests. A first mortgagee having an interest in a Unit that sustains insurable damage or destruction may, though, participate in the settlement negotiations, if any, related to such loss. The failure or refusal of the Association to process or file any claim for damage or destruction to any part of the Condominium Property under the Association's Property Insurance will not give rise to any claim against the Association or the Board. However, if no claim is filed, the Association will then self-insure the claim to the extent coverage would have been available under the Association's Property Insurance policy.

(e) Deductible. The Association's Property Insurance will include a reasonable deductible as determined by the Board. Except as provided in Section 1(:0 below, the Unit owner is responsible for any repairs or expenses up to the amount of any applicable deductible for loss or damage to their Unit and Limited Common Elements, and the Association is responsible for all costs and other expenses pertaining to the

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Common Elements. If a single loss affects multiple portions of the Condominium Property, for example, one or more Units and the Common Elements, the repair costs and expenses not paid for by the Association's insurance proceeds are to be proportionately allocated in relation to the amount each party's claim bears to the total amount of the claim, with the party incurring the larger share of the loss responsible for the larger share of the deductible. The Association may assess the amount of any deductible expense attributable to any Unit(s) in accordance with this Article IX.

(f) Responsibility for Damage.

(i) Association. The Association's liability is limited to losses or damages resulting from its negligence or intentional act. If any loss or repair is due to the Association's negligence or intentional act, then, in such case, the Association is responsible for the cost of such loss or repairs to the extent not covered by association or Unit owner insurance policy, including any deductible amount.

(ii) Unit owner. If any loss or repair is due to the negligence or intentional act of a Unit owner, or anyone the Unit owner is responsible for, such as a family member, Occupant, tenant, guest, or contractor, or originates from the Unit owner's Unit, then, in such case, the Unit owner is responsible for the depreciated value of such loss or repairs to the extent not paid for by (or should have been covered and paid for by) any Association or Unit owner insurance policy, including costs not paid for due to any insurance deductible amount.

(g) Insurance Company Rating. All policies will be written with a company licensed to do business in the State of Ohio and, unless not reasonably available to the Association, holding a rating of "A+" or better by Standard & Poor's Insurance Ratings, or its present day equivalent.

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(h) Mortgagee and Other Additional Insurance Requirements. Notwithstanding anything to the contrary anywhere in this Article IX, the Board will have the full right and authority, but not the obligation, to purchase Property Insurance, or any other insurance policy or endorsement, that includes any and all such terms, conditions, or requirements, as the Board determines is in the Association's best interest and is necessary to comply with any requirements of the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the designees, successors, or assigns, or any other financial institution or government agency. If the Association provides, as the Board so decides, any additional insurance coverage beyond the minimum requirements contained in Section (l)(a)(i) above, for less than all the Unit owners, the Association may levy a special assessment against only those Unit owners so requiring such additional insurance in an amount to be determined by the Board.

(i) Additional Endorsements. The Association's Property Insurance policy is to include, as the Board so determines is reasonable from time to time, a "Building Ordinance" or "Law Coverage" Endorsement or their present day equivalent, a "Demolition Cost Endorsement" or its present day equivalent, an "Increased Cost of Construction Endorsement" or its present day equivalent, an "Equipment Breakdown Endorsement" or its present day equivalent, and such other endorsements as the Board so decides on.

Section 2. Unit owner Insurance. Except as may be insured by the Association in accordance with Section l(a) above, each Unit owner will separately insure:

(a) all portions and components of the Unit, from and including the Unit's unfinished surface of the drywall (attached to the perimeter or interior walls and ceilings of the Unit) in;

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(b) any wall coverings, paneling, or other finishing material applied to any wall or ceiling;

(c) any finishing materials applied to the floors;

(d) all interior Unit doors, including the frames;

(e) all appliances located within and serving only the Unit;

(0 all utility lines and components located within the Unit and serving only the Unit;

(g) all sinks, faucets, toilets, tubs, showers, and other fixtures located within the Unit and serving only the Unit;

(h) all kitchen and bathroom cabinets; and,

(i) all improvements or installations made by the Unit owner (or a prior owner of the Owner's Unit) wherever located on the Condominium Property.

The Unit owner will also carry insurance on the Limited Common Elements and Unit up to the amount of the Association's Property Insurance deductible for any components of the Unit owner's Limited Common elements or Unit (or both) that the Association is insuring. The Property Insurance carried by the Unit owner will insure against loss by fire and other hazards and perils now or hereafter embraced by a special form policy with a maximum deductible of $1,000.00 or other higher amount as the Board may from time to time determine and provide notice of to the Unit owners. Each Unit owner will file a copy of the policy(ies), or such other evidence of insurance as the Board may require, with the Association within 30 days of receipt of a request from the Association. Each Unit owner may further separately insure the personal contents of their Unit, as well as any other personal property, which they store elsewhere on the Condominium Property. Each Unit owner will also obtain insurance against liability for events occurring within a Unit.

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Section 3. Damage and Destruction.

(a) Immediately after the damage or destruction by fire or other casualty to all or any part of the Condominium Property covered by the Association's Property Insurance, as determined by the Board, the Board or its duly authorized agent may proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Such costs may include professional fees and premiums for such bonds as the Board deems necessary. Each Unit owner is deemed to have delegated, and does delegate on acquisition of any title interest in a Unit, to the Board or its agent, their right to file for and adjust with insurance companies all losses under the Property Insurance policies referred to in Section 1 above. In furtherance of this delegation, the Board, and its authorized agents, is and are appointed the attorney-in-fact for all Unit owners to make proof of loss, to negotiate loss adjustment, and to acknowledge receipt for any sums received on or under any and all of said policies.

(b) In the event any damage to or destruction of the Common Elements renders 50% or more of the Units then comprised within the Condominium Property uninhabitable, the Unit owners may, by the vote of those entitled to exercise not less than 75% of the voting power, elect not to repair or restore such damaged part at a meeting that will be called within 90 days after the occurrence of the casualty. Upon such election, all of the Condominium Property will be subject to an action for sale as on partition at the suit of any Unit owners. In the event of any such sale or a sale of the Condominium Property after such election, by agreement of all Unit owners, the net proceeds of the sale together with the net proceeds of insurance, if any, and any other indemnity arising because of such damage or destruction, will be considered as one fund and will be distributed to all Unit owners in proportion to their respective percentages of interest in the Common Elements. No Unit owner, however, will receive any portion of their share of

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such proceeds until all liens and encumbrances on their Unit have been paid, released or discharged.

Section 4. Restoration of Buildings.

(a) Unless Unit owners elect not to restore the damaged property as provided for in Section 3(b) above, following the occurrence of a casualty for which insurance proceeds are recovered, the Association will use insurance proceeds received to defray the cost of repairing and reconstructing all damage to or destruction of the Common Elements and Limited Common Elements the Association insures substantially as such Elements existed immediately before the damage or destruction. However, the Board may provide for the use of such new or alternative materials as the Board reasonably determines are in the Association's best interest. Distribution or payment of Association insurance proceeds for the repair and reconstruction of any Unit, if any, or both, will be determined by the Board.

(b) If the cost of the repair for the damages or destruction to the Common Elements or Limited Common Elements exceeds the amount of the insurance proceeds received, such excess may be provided for either by means of a special assessment levied by the Board against all Unit owners or by means of an appropriation from the reserve fund or such other fund as may be established for the purpose of providing for the maintenance, repair, and replacement of the Common Elements or Limited Common Elements, as the Board, in its sole discretion, may determine. Additional assessments may be made in a like manner at any time during or following the completion of any repair or reconstruction.

(c) If the cost of repairs to the Common Elements and the Limited Common Elements, is less than the amount of such insurance proceeds, the Association will retain the excess in either the reserve maintenance fund or such other fund as may be established for the purpose of providing for the maintenance, repair, and replacement of the Common Elements.

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(d) If the cost of the repair for the damages or destruction to the Limited Common Elements exceeds the amount of the insurance proceeds received, such excess may be provided for by means of a special assessment levied by the Board against the Unit owner(s) having the exclusive use of such Limited Common Elements.

(e) After any damage to or destruction of their Unit and the Limited Common Elements the Unit owner insures, each Unit owner must restore their Unit and the Limited Common Elements, including utilities serving the Unit, at the Unit owner's sole expense, to such minimum standards as the Board may at any time or from time to time, in its sole discretion, establish and will complete such restoration within eight months after the damage or destruction or such sooner time as the Board determines necessary to properly repair the Common Elements and Limited Common Elements. Minimum standards may include requiring installation of drywall finished with at least one coat of primer, basic floor coverings, and utility lines, ducts, vents, and related fixtures, and equipment.

Section 5. Waiver of Subrogation. Each Unit owner and Occupant, as a condition of accepting title and possession, or either one of such, of a Unit, and the Association agree that, in the event any part(s) of the Condominium Property or the fixtures or personal property of anyone located therein or thereon are damaged or destroyed by fire or other casualty that is covered by insurance of any Unit owner, Occupant, or the Association, and the lessees of any one of them, as provided for in this Article IX, the rights of recovery and subrogation, if any, of any party or their respective insurance company, against the other, or against the employees, agents, licensees or invitees of any party, with respect to such damage or destruction and with respect to any loss resulting therefrom are waived to the extent of the insurance proceeds actually recovered.

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DELETE DECLARATION ARTICLE XII entitled, "DAMAGE: RESTORATION: REHABILITATION AND RENEW AL; TERMINATION," in its entirety. Said deletion to be taken from Pages 18· 19 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547.

INSERT a new DECLARATION ARTICLE XII entitled, "LIABILITY INSURANCE AND OTHER INSURANCE COVERAGE." Said new addition, to be added on Page 14 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

ARTICLE XII

LIABILITY INSURANCE AND OTHER INSURANCE COVERAGE

Section 1. The Association must insure itself, the Board of Directors, the Unit owners, and Occupants against liability for personal or bodily injury, disease, illness, or death and for injury to or destruction of property occurring on, in or about, or arising from or relating to the Common Elements, including, without limitation, water damage, legal liability, hired automobile, non·owner automobile, and off-premises employee coverage, such insurance to afford protection to a limit of not less than $2,000,000.00 in respect to personal or bodily injury, disease, illness or death suffered by any one person, and to the limit of not less than $2,000,000.00 in respect to any one occurrence, and to the limit of not less than $2,000,000.00 in respect to damage to or destruction of property arising out of any one accident. All liability insurance will contain cross-liability endorsements to cover liabilities of the Unit owners as a group to a Unit owner. In the event the insurance effected by the Association on behalf of the Unit owners and Occupants against liability for personal or bodily injury or property damage arising from or relating to the Common Elements will, for any reason, not fully cover any such liability, the amount of any deficit will be a Common Expense to the Unit owners, and any Unit owner who paid all or any portion of such deficiency in an amount exceeding their proportionate share thereof based on their percentage of interest in the Common Elements will have a right of contribution for the other Unit owners according to their respective percentages of interest in the Common Elements. Such policy will not insure against liability for personal or bodily

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injury or property damage arising out of or relating to the individual Units.

(a) The Association must carry worker's compensation insurance as required by law.

(b) The Association must carry fidelity coverage against dishonest acts of person(s) handling Association funds.

(c) The Association may carry such other insurance as the Declarant prior to the formation of the Association and the Board thereafter may determine, including, without limitation, errors and omissions insurance and liability insurance for Board members.

Any conflict between the above provisions and any other provisions of the Declaration and Bylaws will be interpreted in favor of this revision of the Association's and Unit owners' property (casualty) insurance and public liability insurance, and other insurance coverage obligations, as well as property restoration responsibilities. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought within the court of common pleas within one year of the recording of this amendment.

AMENDMENTC

INSERT a new DECLARATION ARTICLE III, SECTION 2(u) entitled, "Smoking Prohibition." Said new addition, to be added on Page 8 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

(u) Smoking Prohibition. The smoking of marijuana or any illegal substance is prohibited anywhere on the Condominium Property and within or on the Building, including, without limitation, individual Units, patios, and roof areas, and in any areas outside the Building perimeter that the Board may from

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time to time designate to prevent environmental smoke from entering the Building, including any Unit, through any Building entrances, windows, ventilation systems, or by other means. This prohibition applies to all persons in the Building at any and all times, including, without limitation, Unit owners, family members, tenants, Occupants, guests, employees, business invitees, and visitors. "Smoking'' includes the inhaling, exhaling, burning, or carrying of any form of marijuana or any illegal substance. The Board is empowered and authorized to enact any rule or regulation that it deems necessary to enforce this restriction, including the postage of pertinent signage, and the adoption of procedures and remedies for the violation of this restriction.

Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this marijuana smoking prohibition. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

AMENDMENTD

DELETE DECLARATION ARTICLE III, SECTION 2(1) entitled, "Animals," in its entirety. Said deletion to be taken from Page 6-7 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547.

INSERT a new DECLARATION ARTICLE III, SECTION 2(1) entitled, "Animals and Pets." Said new addition, to be added on Page 6 of the Declaration, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

(I) Animals and Pets. Except as expressly provided for below, pets, including rabbits, livestock, reptiles, fowl, poultry, or any other animals of any kind, are prohibited from being raised, bred, or kept in any Unit or in the Common Elements.

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(i) A Unit owner may have and keep dogs (excluding, however, any Prohibited Dog or dog of vicious breed, as each is further defined below), cats, or other domestic, household pets (as defined below) or a combination thereof. The keeping of any permitted pet must comply with the restrictions contained in this Section 2(1).

(ii) The keeping of any permitted pet is subject to any rules and regulations the Board adopts.

(iii) No permitted pet at any time may be kept, bred, or maintained for any commercial purpose.

(iv) Any permitted pet causing or creating a nuisance or unreasonable disturbance will be permanently removed from the Condominium Property subject to these restrictions on three days' written notice from the Board.

(v) A permitted pet must be kept in a Unit and only those portions of the Condominium Property as the Board designates, unless the permitted pet is on a hand·held leash, being carried, or otherwise transported across the Condominium Property.

(vi) The term "household pet" does not include any type of any type of fowl or poultry, pigs, snakes or other reptiles, horses, exotic breeds, or wild hybrids, or any other type of animal as the Board, in its sole discretion, defines and determines from time to time.

(vii) Except as provided for in paragraph (8) below, no Rottweiler, Presa Canario, any dog commonly known as a pit bull, and any mixed breeds of the foregoing (collectively "Prohibited Dogs") may be kept, harbored, or permitted to remain on any part of the Condominium Property for any length of time.

(viii) If the Unit owner of any non-household pet or Prohibited Dog residing in their Unit for 60 or more days

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prior to the date of the recording of this amendment, registers such pet or Prohibited Dog with the Association within 30 days of the date of recording of this amendment, the pet or Prohibited Dog is "grandfathered" and permitted to remain on the Condominium Property, until its demise or relocation off the Condominium Property, at which time it may not be replaced. If a Unit owner has more than two total permitted pets residing in their Unit for 60 or more days prior to the date of the recording of this amendment, the Owner may keep the excess number of pets in their Unit until the demise of such number of pets to bring the Owner into compliance with subparagraph (1) above. If an animal is considered "exotic" or a Prohibited Dog, as the Board determines, the Unit owner must obtain and maintain liability insurance of at least $500,000.00 per occurrence and provide proof of such insurance to the Association within 30 days of any written request from the Board.

(ix) A "vicious dog" means a dog that: (1) caused injury, including death, to any person or (2) has killed another pet. Upon the Board's determination that a given dog is a vicious dog, such dog is prohibited from being kept, harbored, or permitted to remain on any part of the Condominium Property for any length of time.

(x) Any pet above the one·pet limit residing on the Condominium Property on or before the adoption of the Rules and Regulations adopted in October, 2013, will be permitted to remain provided that said pet is registered with the Association within 30 days of the date of recording of this amendment. Upon the relocation, removal, or demise of any such registered pet that exceeds the one-pet limit, it may not be replaced unless the pet meets all the requirements of this Section.

(ix) The Board may adopt and enforce rules in furtherance, but not in contradiction of the above provisions, including, without limitation, the right to place limitations on the size, number and type of such pet.

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Any conflict between this provision and any other provisions of the Declaration and Bylaws will be interpreted in favor of this restriction on pets. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

AMENDMENTE

DELETE BYLAWS ARTICLE III, SECTION 2 entitled, "Annual Meetings," in its entirety. Said deletion to be taken from Page 2 of the Bylaws, as recorded at Portage County Records, Instrument No. 200700722.

INSERT a new BYLAWS entitled, "Annual Meeting." Said new addition, to be added on Page 2 of the Bylaws, as recorded at Portage County Records, Insti·ument No. 200700722, is as follows:

Section 2. Annual Meeting. The Association's Annual Meeting will be held at such time, at such place, and on such date as the Board determines and is stated in the meeting notice, provided the date is not less than nine nor more than fifteen months from the prior Annual Meeting, for the election of Directors, the consideration of reports to be laid before the meeting, and the transaction of such other business as is set forth in the meeting notice.

Any conflict between the above provision and any other prov1s1ons of the Declaration and Bylaws will be interpreted in favor of this amendment changing the time for holding the annual meeting. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other

Page 19 of25

grounds, provided further that any such challenge must be brought in the court of common pleas within one year of the recording of this amendment.

AMENDMENTF

DELETE BYLAWS ARTICLE IV, SECTION 1 entitled, "Initial Directors," in its entirety. Said deletion to be taken from Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200700722.

INSERT a new BYLAWS ARTICLE IV, SECTION 1 entitled, "Number and Qualification." Said new addition, to be added on Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

Section 1. Number and Qualification.

The Board will consist of three, four, or five persons, as determined by the Board, each of whom must be a Unit owner or the spouse of a Unit owner, and in good standing. Good standing requires that the Unit owner not be more than 30 days delinquent in the payment of any fees or Assessments owed to the Association. The Board may remove any Board member, and create a vacancy on the Board, who is not in good standing. No Unit may be represented by more than one person on the Board at any one time. If a Unit owner is not an individual, that Unit owner may nominate for the Board of Directors any principal, member of a limited liability company, partner, director, officer, or employee of that Unit owner. In addition to the provisions of Bylaws Article IV, Section 3, a majority of the remaining Board members may remove any Board member who ceases to meet such good standing qualifications during their term.

DELETE BYLAWS ARTICLE IV, SECTION 2 entitled, "Successor Directors," in its entirety. Said deletion to be taken from Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200700722.

INSERT a new BYLAWS ARTICLE IV, SECTION 1 entitled, "Modification of Number of Board Members." Said new addition, to be added on Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

Page 20 of25

Section 2. Modification of Number of Board Members

(a) At the first Annual Meeting following the recording of this amendment, the terms of all the then serving Board members will end effective as of the adjournment of such Meeting. At said Annual Meeting, prior to the election of Board members, the Unit owners present in person and by proxy will vote to determine whether the Board will consist of three, four, or five members. Following such determination, the entire three, four, or five person Board, as determined by the Unit owners, will be elected, with the terms of each elected Board member staggered in accordance with Bylaws Article IV, Section 3, as amended, with the persons receiving the most votes elected to the longest terms.

(b) At any subsequent meeting held for the election of Board members at which a quorum is present, a majority of the Unit owners present by person or proxy at such meeting may approve of a motion, made prior to the election of Board members, to either reduce or increase the size of the Board, as the case may be. The approval of any such motion will in no event act to decrease the length of or end the term of any current Board member prior to its original expiration. Following the approval of such change in the number of Board members, the election of Board members will, to the extent appropriate, take place with the terms of the elected Board members staggered as necessary to comply with Bylaws Article III, Section 5, as amended.

DELETE BYLAWS ARTICLE IV, SECTION 3 entitled, "Removal," in its entirety. Said deletion to be taken from Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200700722.

INSERT a new BYLAWS ARTICLE IV, SECTION 3 entitled, "Term of Office; Resignations; Removal." Said new addition, to be added on Page 4 of the Bylaws, as recorded at Portage County Records, Instrument No. 200517547, is as follows:

Section 3. Term of Office; Resignations; Removal. Each Board member will hold office until their successor is elected, or until their earlier resignation, removal from office or death. Any Board member may resign at any time by oral statement to that effect made

Page 21 of 25

at a meeting of the Board or in a writing to that effect delivered to the Secretary or President of the Association, such resignation to take effect immediately or at such other time as the Board member may specify. Members of the Board will serve without compensation. All Directors will be elected for a three·year term with staggered elections to facilitate either a 1 ·1 ·1, 2·1·1, or 2·2·1 rotation, depending on the number of Board members as provided in Bylaws Article IV, Section 2, as amended.

Except as otherwise provided in these Bylaws, the Board may remove any Board member and create a vacancy in the Board, if by order of court they have been found to be of unsound mind, or if they file for bankruptcy or have been adjudicated bankrupt, or is no longer a member in good standing as defined in Section 1 above, or if they are physically incapacitated, or if they fail to attend three consecutive meetings of the Board, or if their voting privileges as a Unit owner are suspended due to a delinquency in the payment of any Assessment as provided for in these Bylaws. Directors serve without compensation. At any Association meeting duly called at which a quorum is present, any one or more of the Board members may be removed with or without cause by the vote of Unit owners entitled to exercise at least a 75% of the Association's total voting power, and a successor(s) to such Board member(s) so removed may be elected at the same meeting for the unexpired term for each such removed Board member. Any Board member, whose removal has been proposed, will have an opportunity to speak and be heard at such meeting prior to the vote of their removal.

Any conflict between these provisions and any other provision of the Declaration or Bylaws will be interpreted in favor of this amendment establishing the procedure for electing three or five Directors, qualifications, terms of office, and removal. The invalidity of any part of the above provision will not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit owners of record at the time of such filing will have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge will be brought within one year of the recording of this amendment.

Page 22 of 25

The Tara at Barrington Estates Unit Owners Association, Inc. has caused the execution of this instrument this / o -t-A day of Au C- l' ,5 . .,- , 201_1_.

TARA AT BARRINGTON ESTATES UNIT OWNERS ASSOCIATION, INC.

By: JOE

Page 23 of25

STATE OF OHIO

COUNTY OF %r-J&~

) ) )

ss

BEFORE ME, a Notary Public, in and for said County, personally appeared the above named Tara at Barrington Estates Unit Owners Association, Inc., by Joe Jacobson, its President, and David Case, its Secretary, who each acknowledged that they did sign the foregoing instrument, on Page 23 of 25, and that the same is the free act and deed of said corporation and the free act and deed of each of them personally and as such officers.

!7IN WITNESS WH~RE?F, I have hereunto_flet my hand and official seal m ZJ_u/'o/"'- , Ohio, this )O,tA day of /jJ<.:., u ~ ,J- , 2011>.

..,..>- r

,~L-· NOTARY PUBLIC

Place notary stamp/seal here:

This instrument prepared by: DARCY MEHLING GOOD, Esq. KAMAN & CUSIMANO, Attorneys at Law 50 Public Square, #2000 Cleveland, Ohio 44113 (216) 696-0650

Page 24 of25

EXHIBIT A

CERTIFICATION OF PRESIDENT AND SECRETARY

JOE JACOBSON and DAVID CASE, being the duly elected and qualified President and Secretary of the Tara at Barrington Estates Unit Owners Association, Inc., certify that the Amendment to the Declaration of Condominium Ownership for Tara at Barrington Estates Condominium was duly adopted in accordance with the provisions of Declaration Article XIX and Bylaws Article X and caused such signed, written consents to be filed with the corporate records for Tara at Barrington Estates Unit Owners Association, Inc.

E JACOBSON, President

DAVID CASE, Secretary

STATE OF OHIO

COUNTY OF fir re. J-,-v

) ) )

ss

BEFORE ME, a Notary Public, in and for said County, personally appeared the above named JOE JACOBSON and DAVID CASE, who acknowledged that they did sign the foregoing instrument and that the same is their free act and deed .

.t'.?IN TESTIMONY WHEREOF, I have hereA set my)and and official seal in /rJ✓ov<>< , Ohio, this )o day of ~ uJ> · , 201__2.

Place notary stamp/seal here:

NOTARY PUBLIC

Page 25 of 25