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HomeMy WebLinkAbout05110167 Correspondence CD augustahomes &It'9' !f;p"tl4,'''' De i'-',-1y 7/J-2S77 Mr. James Ochs, C.B.O. City of Carmel- Building InspectorlPlan Review One Civic Square Carmel, IN 46032 June 14,2006 RE: Little Farms Lot Farms - Lots 46B, 31 C, 32C and 33 C Dear Mr. Ochs: 1 understand you met with Chris Badger of Badger Engineering concerning the building plans for the above mentioned project. As a result of this meeting it is my understanding that my letter I provided you of June 7, 2006 is not correct. I ask that you please disregard and rescind that letter of June 7, 2006 and accept the following information as it pertains to the following lots and the remaining lots in this community. The original parcels of this community were R3. This allows for a Duplex to be built on the lot. If the lot is further subdivided it will create a lot with non-conforming problems. Included is a Zoning Map, Zoning ordinance and the HOA documents. Chris Badger has reviewed the documents and he has stated that everything is in proper order. Should a revision to the HOA document be required he will revise a one page document to make this clearer. These home owners will have common maintenance of their lot. Both home owners will be responsible for the maintenance. The house is conveyed by the address and will not have a split down the center of the house or lot. Each home owner will divide the lot based upon how they want to. This division will not be an actual separation but rather an agreed upon division of the labor; such as I will mow the area around my half of the house and you do yours. The above is taken strictly from a conversation with Chris Badger and is how he originally presented the project to Augusta Homes. I apologize for the confusion and I trust that this information will satisfY your department so we may proceed with the construction process. Furthermore, I do resubmit new building plans as listed bel~~ for approval as submitted. \Lot 468 -10405A&8-.P-ermit'#'05H0167 / y 0 ~ This is the first home built and has been cited for numerous violations the home is now ready once again for inspection. This would include, rough-in, bounding & grounding and meter base. A letter from MAS & Associates a licensed engineer is attached acknowledging their inspection and approval. 9567 Valparaiso Court. Indianapolis, IN 46268 . FAX 317,8714178 .317,8714170 www.augustahomes.com Lot 31C -1232 A&B 104'b Street E. - Permit # 06020044 This home is currently under construction as mechanicals are going into the home. Before inspection is called in all items will be corrected to New Plan Standards. New plan is being submitted for approval. Lot 32C -1228 A&B 104tb Street E. - Permit # 06020045 This home has not begun construction - simply re-submitting new plan for approval. Lot 33C -1224- A&B 104tb Street E. - Permit # 06020046 This home is currently in frame stage - we are resubmitting new plan for approval. Hopefully, you and your staff understand what we are doing here in Little Farms. Please accept my apology for the original misrepresentation and the poor shape the house was in at the initial inspection. I believe my company has put into place the proper procedures including a new building superintendent. I humbly request your approval and understanding of this project. I and my superintendent and engineers would be more than happy to meet with you or any of your staff regarding questions or concerns. o~ Denny Yo Cc: Chris Badger, Badger Engineering Mark Smith, MAS & Associates t FAX NO. 7261061 Jun. 06 2006 03:09PM Pi MIS ASSOCIATES ltC. architects and Planners 5200 East 64TH Slreet, Sule A Indianapolis, Indiana 46220 Phone 317 726 1060 Fa>< 317 726 1061 dwswalm@comcast.net June 6, 2006 Augusta Homes 9567 Valparaiso Court Indianapolis, Indiana 46268 Attention: Mr. Denny Yovanovlch Re: Clay Commons MAS Project #2623.001 ADDENDA #1 Item #1; The attached drawil"GS are revised construction documerns that repace the original permilted docllmenls. Included is a new 2 hour fire rated waD section delllll fer the common waB belween the two townhouse units as requiJOO by code SllClion R3212, ~I A The con1Inuily of the waD shaD be from the foundation to the undelSde of the roof sheathing per code sadlon R321.2. 1. Fire retardant treated wood sheathing is being provided for a dlsIance of 4 feet on each side of the 2 hourwall, therefore eliminating the requirement for a parapet waD as allowed by axle sealon 321.2.2 Exception. The 2 hourwaB is also a bearing wall as anowed by SllUcturaI independence requirement R3212.4, ExceplIon 5. Please ao:epl. these reJ1aoement constru(jjQns under the existing bulldlng penniI. Please contact me if you have any questions. Thank you, jUIA~( Mark A Smith AlA, CSI President File Cc: FROM FAX NO. 7261061 Jun. 06 2006 03:09PM P2 MAS ASSOCIATES Ltc. ArchRects aod Plaoners 5200 East 64TH Slr...~ Suite A Indianapolis, Indiana 46220 Phone 317 726 1060 Fax 317 726 1061 dwswaim@comcast.net June 6, 2006 Augusta Homes 9567 Valparaiso Court Indianapolis. Indiana 46268 Attention: Mr. Denny Yovanovich Re: Clay Commons MAS Project #2623.001 On (date) I field Inspede<l tile 2 hourpartywaH lXlITlIdMlCXlllSll\lction\Wrk forlhe Clay Commons LoI#48 townhouse dwelUngs. The conslnJdion of this wall is in compianc:e with the Indiana Residential Code. Please COnlBd me if you have lII1yqueslions. Thank you. MAS ASSOCIATES ~ Marl< A Smith AlA, CSI President File Cc: ~ ;:; u :::: '" ~ a> '" .... en !'.l .... o 3" 0> U n- O> 3 ~ 3 ~ g I 0 I en () )> r "n m m 0; ~ m 0 -i ~ '" ~ '" 0 0 w o o -i c CD (Jl a. 0> ':' '- C :J CD 5" '" o o a> ~ ~ ~ ~ '" '" )> s: -------..--- ~- /7 z D o o ... ... o iil .. o :J III o C :J a. OJ -< D D N o :!. :I CD "'ll OJ ... n CD !if )> ... == . ~ enen~~~~~"'ll"'llOOOOoooOOs:.()()1ll1ll1ll1ll1ll1ll1ll3 ~~~~WN~C~~~~~~~~~~W~N~~~m~wN~~ o <mmmo~~~~ n c~~ c~~ - )> ~ OJ '< N o :I ;;- CD . ,J' ' ~ " '<<. '.' ,,":,,:..:~ ,>>'l'l" ',. . ',~\ic,'" _,: :".'< ~...2- .",,;,.-~.~~t..:' ...:.....;.. -~'. -, ':~"'>'\~':.~' ':,' ':1"1," . .' .:";" u.,.. , .~sV ;'l:~~"~:" .:: c '"" .,' ^ ,,~1'-~'~' 1 '". 1 .1 ,~:I' , :;;0 I ...... ;~ r" , "L,. ;1 <'I\>'~.~.' 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"'"n:,,,,\"l' 1"" @i" 'l_~,\' '):'-",,):r ~ r ,."" t"'" -~- ,c ~'l\ ".' j -;~"~~!' \.~" , ~~ ~ . , f ; , -,",^, _~ .,:".--1. " ~...,.,.... .-~.. .-.....~ _If:',~ : ; , <I .Ji~-.",.,:'." " , " ...j" I, ~' I I' ".t ~,',~ " L, .....; , 'lb~:~'5,~~fi: ~"~-1 ", ,. Y",.,'t.'" ~.;~1' ;;> f ,"",~'. "" ';"/' " , ;~ ""...' ",' ".,:' ,,"," . ~ . \v "f {",. '.t,. 't" " ~. .:~ l'fV" 'J!.. " , " ,:;rn,:" ,.'~': .~, ,"- t, ',..~'4' ., -:~. j...~ '. )!" V ~i',,' ,";' " \.' ".' .~, ~-" CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 9: R-3/RESIDENCE DISTRICT 9.00 R-3/Residence District. 9.01 Permitted Uses. 9.02 Special Uses & Special Exceptions. 9.03 Accessorv Building and Uses. 9.04 Hei2ht and Area Reauirements. 9.00 R-J/Residence District.] 9.00.01 Pumase and Intent. The purpose of this district is to provide for mediwn density single- and two-family development on smaller lots in urbanized areas. The preservation of natural features, and encouragement of open space residential land-use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objectives. The R-3 District corresponds to the Medium Intensity Residential Community on the Comprehensive Plan's Land Use Map. 9.01 Permitted Uses:' 9.01.01 See Appendix A: Schedule afUses. 9.01.02 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7: Open Space Standards for Major Subdivisions) 9.02 Special Uses & Special Exceptions:' A See Appendix A: Schedule afUses. B. See Chapter 21: Special Uses & Special Exceptions for additional regulations. 9.02.01 Minimum Area Reauirements: Same as S-1 District regulations of Section 5.02.01. 9.02.02 Other Reauirements: Same as S-l District regulations of Section 5.02.02. ] Section 9.00 amended per Ordinance No. Z-327. 2 Section 9.01 amended per Ordinance No. Z.327; Z-415-03, fo. 3 Section 9.02 amended per Ordinance No. Z-320; 2-415-03, sp-r. Chapter 9: R-3/Residence District 9-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02; Z-415-03 Summer 2004 \' 1 CITY OF CARMEL ZONING ORDINANCE 9.03 Accessorv Buildinl!s and Uses' See also Section 15.01. 9.04 Heil!ht and Area Requirements.' (see Chapter 16: Additional Height, Yard, & Lot Area Regulations for additional regulations.) 9.04.01 MaximWll Height' Thirty-five (35) feet. 9.04.02 Minimtun Lot Size: A Lots without sen'ice by a commnnity water system and a community sanitary sewer system, 43,560 square feet. B. Lots with service from a community water system, and private septic system, 35,000 square feet. C. Lots with service from a community sanitary sewer system and private water system, 20,000 square feet. D. Lots "vith community water system and community sallita.r)' sewer, 8000 square feet. 9.04.03 Minimtun Lot Standards: A Mimmtun Front Yard" Thirty (30) feet. B. Mimmtun Side Yard:' Five (5) feet. C. Minimum Ai!i!reQate of Side Yard: Fifteen (15) feet. D. Minimum Rear Yard: 1. All residential uses: Twenty (20) feet; 2. All other uses: Fifteen (15) feet. E. Mimmtun Lot Width: Sixty (60) feet. F. Maximum Lot Coverai!e: Thirty-five percent (35%) oflot. G. Minimum Ground Floor Area: 1. Single-family dwelling: Eight hundred (800) square feet; 2. Two-family dwelling: Seven hundred (700) square feet per dwelling lUlit; 3. All other uses: Eight hundred (800) square feet. 9.04.04 Any lot within a qualifying subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections 9.04.02 and 9.04.03. 4 Section 9.03 amended per Ordinance No. Z-369-02, Sf. ~ Section 9.04 amended per Ordinance No. Z-327: Z-366.01. 6 See also Section 26.01.01. 7 NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section 7.00.01 of the Subdivision Control Ordinance see Section 26.02.07. 8 See also Section 26.01.01. Chapter 9: R-3/Residence District 9-2 as amended per Z-310, Z-317; Z-366-01; Z-369-01; Z-415-03 Summer 2004 vI CITY OF CARMEL lONING ORDINANCE CHAPTER 9: R-3/RESIDENCE DISTRICT AMENDMENT LOG Ordinance No. Docket No. Council Appro\'al Effective Date Sections Affected Z-320 Julv II. 1997 Z-327 Januarv 4, 1999 Z-366-01 76-01 b OA n/a November 28, 200 I 9.04.01 Z-369-02 160-01 OA April I, 2002 April I, 2002 9.03 Sorin!! 2002 v2 Z-4 I 5-03 39-020A November 17, 2003 November 18, 2003 8.01; 8.02 Autumn 2003 vi Chapter 9: R-3fResidence District 9-3 as amended per Z-320, Z-327; Z-366-01; Z-369-02; Z-415-03 Summer 2004 vI DECLARATION OF EASEMENTS. COVENANTS AND RESTRICTIONS OF CLAY COMMONS AT LITTLE FARMS THIS DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS OF CLAY COMMONS (the "Declaration"), is made this _ day of December 2005, by R.G.THOMAS CONSULTING, INC., an Indiana corporation, (hereinafter referred to as "Declarant"); WIT N E SSE T H: WHEREAS, Declarant is the owner of the real estate in Hamilton County, Indiana, which is more particulariy described in Exhibit A attached hereto and incorporated herein by reference (the "Real Estate"). The deeds conveying the Real Estate to Declarant were recorded as Instrument No. on , 2005 in the office of the Recorder of Hamilton County, Indiana; WHEREAS, Declarant desires and intends to subdivide the Real Estate into residential lots in order to create a residential community to be known as "Ciay Commons"; WHEREAS, before so subdividing the Real Estate, Declarant desires to subject the Real Estate to certain easements, covenants, restrictions, reserved rights, assessments, charges and liens as provided herein for the benefit of the Real Estate and each owner of all or any part thereof; WHEREAS, Declarant may/may not create an organization, at its own discretion and desire, to own the Common Areas, if they exist (hereinafter defined), to provide for the improvement, maintenance, repair and replacement of the Common Areas and certain easements created herein and the facilities iocated therein or thereon, to administer and enforce the covenants and restrictions contained in this Declaration, to collect and disburse the assessments and charges imposed and created hereby, and generally to promote the welfare and interests of the owners of all or any part of the Real Estate; WHEREAS, Declarant may from time to time subject additional real estate to the provisions of this Declaration as provided herein; NOW, THEREFORE, Declarant hereby declares that the Real Estate, and any additional real estate as may by subsequent amendment be subjected to this Declaration as provided herein, shall be held, sold and conveyed subject to the following easements, covenants and restrictions which shall run with the land and shall be binding on, and inure to the benefit of, all persons or entities now or hereafter having any right, titie, or interest in the Real Estate or any part thereof, and their heirs, successors and assigns. Declarant hereby reserves the right and privilege to subject Additional Land (as hereinafter defined) to the terms and provisions of this Declaration by recording with the Recorder of Hamilton County, Indiana, an amendment or I supplement to this Declaration making reference to the terms and provisions hereof and stating that such ' Additional Land is subject to the provisions hereof. Such amendment or supplement shall not require the vote or approval of any Owners (as hereinafter defined). Any such Additional Land, from and after being so subjected to the provisions of this Declaration, shall be deemed a part of the Real Estate for all purposes of this Declaration. Declarant further reserves certain other rights as more specifically set forth herein. ARTICLE I DEFINITIONS Section 1.1. Additional Land. "Additional Land" means any real estate now owned or hereafter acquired by Declarant and located adjacent to the Real Estate as described in Exhibit A or as augmented by any additional real estate subjected to the provisions of this Declaration as provided above, which real estate is subject to Declarant's unilateral right reserved above to subject the same to the provisions of this Declaration. Section 1.2. Adioininq Neiqhborhood Property. "Adjoining Neighborhood Property" has the meaning set forth in Section 2.1 . Section 1.3. ApPlicable Date. "Applicable Date" means the date determined pursuant to Section 3.3 of this Declaration. Section 1.4. Association. "Association" means Clay Commons Owners Association, Inc., or an organization of similar name, formed, or to be formed, as an Indiana nonprofit corporation, its successors and assigns. Section 1.5. Board of Directors. "Board of Directors" means the board of directors of the Association. Section 1.6. Committee. "Committee" means the Architectural Control Committee" established pursuant to Section 4.1 of this Declaration. Section 1.7. Common Areas. "Common Areas" means all portions of the Real Estate (including improvements thereto) shown on any Plat which are not Lots and which are not dedicated to the public. Section 1.8. Common Exoenses. "Common Expenses" means (i) expenses of administration of the Association, (ii) expenses of and in connection with the improvement, maintenance, repair ' or replacement of the Common Areas, and the performance of any other responsibilities and duties of the Association provided herein, (iii) assessments imposed by the Master Declaration with respect to the Real Estate, (iv) all sums lawfully assessed against the Owners by the Association and (v) all sums declared by this Declaration to be Common Expenses. Section 1.9. Declarant. "Declarant" means R.G.Thomas Consulting, Inc., an Indiana corporation, and any successors and assigns of it whom it designates in one or more written recorded instruments to have the rights of Declarant hereunder, including (but not limited to) any mortgagee acquiring title to any portion of the Real Estate pursuant to the exercise of rights under, or foreclosure of, a mortgage executed by Declarant. Section 1.10. Develooment Period. "Development Period" means the period of time commencing with the date of recordation of this Declaration and ending on the later of the following: (i) the date Declarant no longer owns any Lot within or upon the Real Estate or (ii) the date which is three (3) years after the date on which all improvements and installations have been completed and, if applicable, accepted for public maintenance by any appropriate governmental unit or agency thereof. Section 1 .11. Entrv Sion. "Entry Sign" means any sign or structure identifying Clay Commons and the landscaping associated therewith installed by Declarant or the Association in any landscape island located in any public right of way within and upon the. Real Estate or in a public right of way or a Landscape Easement or Thoroughfare Landscape Easement (as that term is defined in the Master Declaration) within and upon the Real Estate. Section 1 .12. Landscaoe Easement. "Landscape Easement" means that area designated on any Plat as a Landscape Easement, either separately or in combination with any other easement designated on such Plat. Section 1.13. Lot. "Lot" means any numbered parcel ofland shown and identified as a Lot on any Plat. Section 1 .14. Master Declaration. "Master Declaration" means the Declaration of Easements, Covenants and. Section 1 .15. Mortoaoee. "Mortgagee" means the holder of a recorded first mortgage lien on any Lot. Section 1.16. Owner. "Owner" means the record owner, whether one or more persons or entities, of fee-simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation unless specifically indicated to the contrary. The term Owner as used herein shall include Declarant so long as Declarant shall own any Lot. Section 1.17. Plat. "Plat" means the subdivision plat of the Real Estate (as described in Exhibit A), as hereafter recorded in the Office of the Recorder of Hamilton County, Indiana (as the same may be amended or supplemented from time to time), and any subdivision plat(s) for any Additionai Land hereafter subjected to the provisions of this Declaration, which subdivision plats are hereafter recorded in the Office of the Recorder of Hamilton County, Indiana (as the same may be amended or supplemented from time to time). Section 1.18. Reqular Assessments. "Regular Assessments" has the meaning set forth in Section 5.1 of this Declaration. Section 1.19. Soecial Assessments. "Special Assessments" has the meaning set forth in Section 5.1 of this Declaration. ARTICLE II EASEMENTS AND RESTRICTIONS Section 2.1. Owners' Easement of Eniovment of Common Areas. Declarant hereby declares, creates and grants a non-exclusive easement in favor of each Owner for the use and enjoyment of the Common Areas which shall run with and be appurtenant to each Lot, subject to the following: (i) the right of the Declarant (prior to conveyance of the Common Areas to the Association) to grant nonexclusive easements appurtenant to and for the benefit of other real estate in the vicinity of the Real Estate ("Adjoining Neighborhood Property") for the use and enjoyment of the Common Areas by the owners from time to time of all or any part of such Adjoining Neighborhood Property upon and subject to the terms and conditions of such grant, which terms and conditions shall include an obligation to contribute to the cost of the maintenance and repair of such Common Areas; (ii) the right of the Declarant (prior to conveyance of the Common Areas to the Association) to grant easements in and to the Common Areas to any political subdivision or governmental authority or public utility company; (iii) the right of the Association (after conveyance of the Common Areas to the Association by Declarant) to dedicate or transfer all or any part of the Common Areas to any political subdivision or governmental authority or public utility company for such purposes and subject to such conditions as may be set forth in the instrument of dedication o'r transfer, upon approval of two-thirds (2/3) in the aggregate of both classes of members of the Association; (iv) any other easements declared, created, granted or reserved elsewhere in this Declaration or in any Plat; and (v) the terms and provisions of this Declaration. Neither Declarant nor the Association shall be responsible for any loss, damage or injury to property or injury or death to persons arising out of the use of the Common Areas and any equipment and facilities installed by Declarant or the Association therein or thereon. The Common Areas and ail such equipment and facilities shall be used at the sole risk of the user. Section 2.2. Deleaation of Use. Any Owner may delegate, in accordance with the By- Laws and any reasonable rules and regulations promulgated from time to time by the Board of Directors, his or her right of enjoyment of the Common Areas to his or her family members or tenants who reside on the Lot or to any guests when accompanied by such Owner, family member or tenant. Section 2.3. Conveyance of Common Areas. Prior to the conveyance of the last Lot by Declarant, Declarant shall convey all of its right, title and interest in and to the Common Areas to the Association by quitclaim deed, and such Common Areas shall then be the property of the Association. Section 2.4. Easements. A. Thorouahfare Landscape Easements. Declarant hereby declares, creates, grants and reserves the Thoroughfare Landscape Easement as a nonexclusive easement (i) for the use of Declarant during the Development Period, and for use by the Association thereafter, for access to and the installation, maintenance, repair or removal of earth mounds, landscaping, fences, pathways, irrigation, entry signs and other landscaping improvements, (ii) for the preservation, replacement and maintenance of trees planted within the Thoroughfare Landscape Easement. Any and all improvements or landscaping located within the Thoroughfare Landscape Easement shall be maintained by the Association in a good and attractive condition. No improvements of any kind shall be installed by any Lot Owner in or upon the Thoroughfare Landscape Easement. B. Declarant's Reserved Riahts. Notwithstanding any provisions contained in this Declaration to the contrary, Declarant hereby reserves the nonexciusive right, privilege and easement in, on, over, under and across the entirety of the Real Estate, to tie into and/or otherwise connect to and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services, inciuding (without limitation) cable television service, and drainage lines and facilities constructed or installed in, on, under and/or over all or any portion of the Real Estate. C. Landscape Easements. There are areas of ground on the Plat marked "Landscape Easements". Such Landscape Easements are hereby created and reserved for the use of the Declarant, during the Development Period, and the Association for access to and the installation, maintenance and replacement offoliage, landscaping, screening materials, entrance walls, fencing, lighting, irrigation and other improvements. Except as installed by Declarant or installed and maintained by the Association or with the approval of the Architectural Review Committee, no structures or improvements, including without limitation piers, decks, walkways, patios and fences, shall be erected or maintained upon said Landscape Easements, except as approved by the Architectural Review Committee. Trees and fences planted and installed by the Declarant within this easement shall be the responsibility of the Association to maintain and replace. If a Lot Owner removes any trees planted by the Deciarant, it shall be the Lot Owner's responsibility to replace the removed trees. D. Tree Conservation Easements. There are areas of ground on the Plat marked "Tree Conservation Easements". Such Tree Conservation Easements are hereby created and reserved for the use of the Declarant, during the Development Period, and the Association for access to and the preservation, installation, maintenance and replacement of foliage, trees and other improvements. Except as installed by Declarant or installed and maintained by the Association or with the approval of the Architectural Review Committee, no structures or improvements, including without limitation decks, walkways, patios and fences, shall be erected or maintained upon said Tree Conservation Easements and no trees or vegetation shall be removed from this area unless it is dead or causing a safety problem for the surrounding residents. Underbrush shall be left in its natural state as much as possible. E. Tree Preservation Easements. There are areas of ground on the Plat marked "Tree Preservation Easements". Such Tree Preservation Easements are hereby created and reserved for the use of the Declarant, during the Development Period, and the Association for access to and the preservation, installation, maintenance and replacement of foliage, trees and other improvements. Except as installed by Declarant or installed and maintained by the Association or with the approval of the Architectural Review Committee, no structures or improvements, including without limitation decks, walkways, patios and fences, shall be erected or maintained upon said Tree Preservation Easements and no trees or vegetation larger than two (2) inches in diameter shall be removed from this area unless it is dead or causing a safety problem for the surrounding residents. Section 2.5. Rules and Reaulations. The Board of Directors may establish reasonable rules and regulations (not inconsistent with the provisions of this Declaration) concerning the use of the Common Areas and the facilities located thereon and for the enforcement of the provision of this Declaration. Copies of such rules and regulations and amendments thereto shall be furnished by the Association to all Owners prior to the effective date of any such rules and regulations. Such rules and regulations shall be binding upon the Owners, their family members, tenants, guests, invitees and agents until and unless such rules or regulations shall be specifically overruled, cancelled or modified by the Board of Directors or by the Association in a regular or special meeting by the vote of members holding a majority of the total votes of the Association. The Board of Directors shall have the authority to impose reasonable monetary fines and other sanctions for any violation of such rules and regulations, and monetary fines shall be and constitute a special assessment against the Owner against whom it is imposed and his Lot, to be collected and enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general. Section 2.6. Restrictions. A. Lot Use. All Lots shall be used exclusively for residential purposes and for occupancy by a single family. No business building shall be erected on any Lot, and no trade or business of any kind may be conducted on any Lot. Nothing in this paragraph A shall be deemed to preclude an Owner from maintaining an office in his or her residence for use in connection with the conduct of his or her business, as long as members of the public are not invited to the office for business purposes, no sign is erected in connection therewith and no employees of the Owner's business use the residence. B. Buildinq Size. To be in accordance with zoning documents. C. Buildinq Heiqht. The maximum building height of the residence erected on a Lot shall not exceed 35 feet. The maximum building height of any accessory structure erected on a Lot shall not exceed 20 feet. The building height of the residence or accessory structure for purposes of the foregoing restriction shall be the vertical distance measured from the highest point of the proposed finished grade at the perimeter of the residence or accessory structure (as the case may be) to the highest point of the roof of the residence or accessory structure (as the case may be). D. Buildinq Placement. Shall be in accordance with zoning documents. E. Mailboxes. Mailboxes and the posts on which they are mounted shall be of uniform size, height, design, and color as specified by the Declarant. Owners shall be prohibited from altering the appearance of their mailboxes or the posts on which they are mounted, except to make repairs to and maintain or replace the mailboxes or the posts on which they are mounted in a manner which is consistent with the uniform appearance as specified by the Declarant. Owners shall keep their mailboxes in a good state of repair at all times. F. Drivewav Liqhtinq. The Committee may, but is not required to, designate a standard driveway or coach light fixture for all Lots and may designate a standard location for such driveway or coach light fixtures. Each Owner of a Lot shall cause such standard driveway or coach light fixture to be installed and maintained at such Owner's expense. Driveway or coach light fixtures shall be on and illuminated from dusk to dawn, unless the Association shall provide otherwise by rule or regulation. G. Drivewavs. All driveways shall be of concrete construction or asphalt from the point of connection with the abutting street to the point of connection with the garage apron. H. Exterior Materials. In accordance with zoning documents. I. Swimminq Pools. No aboveground swimming pools shall be permitted on any Lot, except temporary pools having a depth of less than twenty-four inches (24"). J. Garaqes and Accessory Structures. All residences shall have an attached garage. K. Color of Exterior Materials. The colors of exterior building materials used on the buildings on a Lot may be limited by the Committee to a certain color range or palette. Loud or garish colors of brick, trim, siding or roofing are prohibited. L. Diliqence in Construction. Every building whose construction or placement on any Lot is begun shall be completed within tweive (12) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than forty-five (45) days from the time of such destruction or damage. M. Maintenance of Lots and Improvements. The Owner of a Lot shall at all times maintain the Lot and the exterior of any improvements situated thereon in such a manner as to prevent the Lot or improvements from becoming unsightly, and, specifically, such Owner shall: (i) Mow and water the grass on the Lot and on any portion of the public right of way adjacent to the Lot (i.e., that portion of the pubiic right of way between the curb and the Lot line) and provide fertilizer and weed control at such times as may be reasonably required in order to prevent the growth of weeds or other unsightly vegetation. (ii) Remove all debris or rubbish from the Lot. (iii) Cut down and remove dead or diseased trees from the Lot. (iv) Keep the exterior of all improvements on the Lot in good repair and condition. (v) Prevent the existence of any other condition on the Lot that reasonably tends to detract from or diminish the aesthetic appearance of the Real Estate. In addition, the Owner shall maintain trees planted in the public right of way adjacent to such Owner's Lot or in any Landscape Easements on such Owner's Lot and replace the same if they die or become diseased. In the event the Owner of any Lot fails to so perform his maintenance obligations pursuant to this paragraph L in a manner satisfactory to the Association, the Association shall have the right (but not the obligation), through its agents, employees and contractors, to perform such obligations at the Owner's expense. Any costs incurred by the Association shall constitute a special assessment against such Lot and the Owner thereof, to be collected and enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general. Neither the Association nor any of its agents, employees or contractors shall be liable to the Owner for any damage which may result from any work performed pursuant to this paragraph L. N. Nuisances. No noxious or offensive activities shall be carried on any Lot; nor shall anything be done on any Lot that shall become or be an unreasonable annoyance or nuisance to the Owner of any other Lot. Any violation of this paragraph constitutes a nuisance which may be abated by the Association in any manner provided at law or in equity. The cost or expense of abatement, including court costs and attorneys' fees, shall constitute a special assessment against such Lot and the Owner thereof, to be collected and enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general. Neither the Association nor any of its agents, employees or contractors shall be liable to the Owner for any damage which may result from any work performed hereunder. O. Occupancv of Partiallv Completed Residence Prohibited. No residence constructed on any Lot shall be occupied or used for residential purposes until it shall have been substantially completed. The determination of whether the residence shall have been substantially completed shall be made by the Committee, and such decision shall be binding on all parties. P. General Prohibitions. In addition to any restrictions or limitations contained elsewhere in this Declaration, the following limitations, restrictions and prohibitions shall apply to the use and occupancy of the Real Estate: (I) SiQns. No signs or advertisements shall be displayed or placed on any Lot without the prior written approval of the Committee, other than signs provided by Declarant or the Association and/or one sign of not more than six (6) square feet for the purpose of advertising the Lot and/or residence thereon for sale. (ii) Decorative Structures. No decorative structures, statues, or ornaments shall be permitted on any Lot, except in the rear yard (defined as the area of yard exclusive of easements and located to the rear of the lot owner's residence). Any such decorative structure, statue or ornament shall not exceed five feet (5') in height. This section shall not preclude owners from decorating their Lots or residences during appropriate holiday seasons in a manner that is not offensive or disruptive to the other Owners as may be determined by the Board of Directors of the Association in its sole discretion. (iii) Plav/Sports Eauipment. All play or sports equipment, swings, or other play facilities are permitted only in the rear yard, provided that a basketball backboard (black pole/support) may be allowed along a driveway in the front or side yard. Exterior lighting of play or sports equipmenUfacilities is permitted. (Iv) Animals. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, or other household pets may be kept, provided that they are not bred, kept or maintained for any commercial use and are confined, at all times, within the boundaries of their Owner's Lot, unless restrained by a leash and attended by their Owner. No outdoor kennels, doghouses, or other structures designed or used as a shelter for any such pets shall be permitted on any Lot. In every case, dogs, cats, and other household pets which are accepted under this section, shall be kept in a manner that does not constitute an annoyance to the Owners of other Lots, and does not adversely affect their use and enjoyment of their property. (v) Vehicle Parkinq. No motor homes, campers, boats, trailers, recreational vehicles or similar vehicles shall be parked or stored on any Lot, unless the same are parked in a garage with the door closed. No vehicle shall be repaired or restored on any Lot, except in a garage with the door closed. Inoperable vehicles shall not be allowed to remain on any Lot or street, except only to the extent necessary to enable movement to a proper repair facility. No heavy equipment, tractors, commercial vehicles, semi-trucks, or other similar vehicles and equipment shall be permitted to be kept on any Lot, Common Area, street, easement or right- of-way, unless entirely kept within a closed garage. A pick-up truck greater than one-half ton or a full-size van with business or commercial logos or markings shall constitute commercial vehicles under these covenants. To the extent permitted by applicable laws and ordinances, parking is prohibited at all times within the cul-de-sac loops of any street within and upon the Real Estate, and overnight parking is prohibited on all streets. (vi) Garbaqe. Trash and Other Refuse. No Owner shall burn garbage or other refuse on his Lot, nor shall any such Owner accumulate out-of-doors any such refuse on his Lot. Rubbish, garbage or other waste shall at all times be kept in sanitary containers. (vii) Outside StoraQe. Except for construction materials and equipment used by the builder during the construction of the residence on the Lot, all construction materials and equipment, lawn equipment and similar items shall be stored at all times when not in use in enclosed storage areas. (viii) Temporary Structures. No trailers or temporary storage sheds shall be erected or situated on any Lot, except that used by the builder during the construction of the residence on the Lot. (ix) Satellite Dishes and Outside Speakers. No satellite dishes shall be installed or permitted on any Lot, except satellite dishes eighteen (18) inches or less in diameter which may be installed only at locations approved by the Committee. No outside speakers of any kind may be installed or permitted on any Lot. (x) Antennas and Solar Heat Panels. Except as approved by the Committee as provided in Section 4.2, no exposed antennas or solar heat panels shall be installed or permitted on any Lot. (xi) Awninos. No.metal, fiberglass or similar type material awnings or patio covers shall be permitted on any Lot. (xii) Fences. No fences shall be installed in front of the front corner of the residence that is furthest back from the street. (xiii) Lot Access. All Lots shall be accessed from the interior street areas of the subdivision. (xiv) Tree Preservation. No trees, other than dead or diseased trees, shall be removed from any Lot without the prior written approval of the Committee as provided in Section 4.2. (xv) Field Tiies. Any field tile or underground drain which is on any Lot must be allowed to perpetuate. (xvi) Wells & Septic Tanks. n/a (xvii) Sump Pumps and Drains. Sump pumps, gravity drains and other drains serving individual residences on Lots shall outfall only into rear drainage swales or into storm structures included in the storm drainage system for the subdivision. (xviii) Recreational Improvements. Recreational equipment, goals or improvements of any kind, including but not limited to basketball goals (temporary or permanent poles), soccer goals, volleyball or badminton nets, shall not be placed in or upon the public right-of- way, sidewaik, or any utility or drainage easement. (xix) ATV / Dirt Bikes. ATVs, dirt bikes, four wheeler's, go-carts or other similar type of recreational vehicle shall not be permitted upon any Common Area. Q. Prohibition Aoainst Grantino Other Easements. Without the prior written approval of the Committee, an Owner shall not grant any easements to any third party, including public utility companies, political subdivisions or governmental authorities, for the purposes of providing water, sanitary sewer or storm water drainage for a property other than such Owner's Lot; provided nothing in this paragraph Q shall be deemed to restrict or otherwise limit Declarant's rights under Section 2.4B of this Declaration. Section 2.7. Street Liohtino. Any street lighting within the Real Estate shall be at the sole cost or expense of the Association and anyon-going utility or maintenance charges shall be paid by the Association as a Common Expense (unless Hamilton County agrees to assume some or all of the on-going energy or maintenance charges). Section 2.8. Sidewalks. Any sidewalk constructed parallel to the public streets within the Real Estate shall be in accordance with Hamilton County standards. ARTICLE III ASSOCIATION Section 3.1. Membership. Each Owner shall, automatically upon becoming an Owner, be and become a member of the Association and shall remain a member of the Association until such time as his ownership of a Lot ceases, at which time his membership will terminate and the new Owner of his Lot shall be and become a member of the Association. Section 3.2. membership, as follows: Classes of Membership. The Association shall have two (2) classes of (i) Class A Members. Class A members shall be all Owners other than Declarant (unless the Class B membership has been converted to Class A membership as provided in the following paragraph (ii), in which event Declarant shall then be a Class A member). (ii) Class B Members. The Class B member shall be the Declarant. The Class B membership shall cease and terminate and be converted to Class A membership upon the "Applicable Date" (as such term is hereinafter defined in Section 3.3): Section 3.3. Votino Riohts. Each class of membership of the Association shall have the respective voting rights set forth in this Section 3.3. (i) As used herein, the term "Applicable Date" shall mean the date which is the earlier of (a) the date on which the written resignation of Declarant as a Class B member is delivered to the Secretary of the Association or (b) the date Declarant no longer owns any Lot. (ii) Except for matters which this Declaration expressly provides shall be approved by both classes of members of the Association and until the Applicable Date, the Class B membership shall exercise all voting rights with respect to any matter submitted to a vote of the members of the Association and shall have one (1) vote for each Lot of which Declarant is the Owner. (iii) From and after the Applicable Date and for each matter which this Declaration expressly provides shall be approved by both classes of members of the Association, each Class A member shall be entitled to one (1) vote for each Lot of which such member is the Owner. Where more than one person or entity constitutes the Owner of a particular Lot, all such persons or entities shall be members of the Association, but the vote in respect of such Lot shall be exercised as the persons or entities holding an interest in such Lot determine among themselves, but in no event shall more than one (1) vote be cast with respect to such Lot. Until the Applicable Date, except for each matter which this Declaration expressly provides shall be approved by both classes of members of the Association, the Class A membership shall have no votes with respect to any matter submitted to a vote of the members of the Association. Board of Directors. The Board of Directors shall manage the affairs of the Section 3.4. Association. Section 3.5. Professional ManaQement. No contract or agreement for professional management of the Association, nor any other contract between Declarant and the Association shall be for a term in excess of three (3) years. Any such agreement or contract shall provide for termination by either party with or without cause, without any termination fee, on written notice of ninety (90) days or less. Section 3.6. Responsibilities of the Association. The responsibilities of the Association include, but shall not be limited to: (i) The administration and enforcement of the covenants and restrictions contained in this Declaration. (ii) The maintenance and upkeep of the Common Areas (including the landscape islands located in any public right of way within and upon the Real Estate), asphalt pathways, the Entry Signs and the Thoroughfare Landscape Easement and any landscape or sign easement located at the entry to the Real. II1II"""" (iii) Procuring and maintaining for the benefit of the Association, its Board of Directors and the Owners the insurance coverages required by this Declaration and such other insurance as the Association deems necessary or advisable. (iv) Payment of taxes, if any, assessed against and payable with respect to the Common Areas. (v) Assessment and collection from the Owners of the Common Expenses and collection of expenses of the maintenance and repair of the Common Areas from the owners of the Adjoining Neighborhood Property if such owners have been granted the right to use the Common Areas by Declarant as provided in Section 2.1. (vi) Contracting for such services as management, snow removal, security control, trash removal or other services as the Association deems necessary or advisable. Nothing contained herein shall be construed to require the Association to provide snow removal or other services. (vii) From time to time, adopting, amending or rescinding such reasonable rules and regulations (not inconsistent with the provisions of this Declaration) governing the use and enjoyment of the Common Areas and the management and administration of the Association, as the Association deems necessary or advisable, and enforcement of the same. As part of such rules and regulations, the Association may provide for reasonable interest and late charges on past due installments of any assessments or other charges against any Lot. Copies of such rules and regulations shall be furnished by the Association to the Owners prior to the time when the same shall become effective. Section 3.7. his services as such director. Comoensation. No director of the Association shall receive compensation for Section 3.8. Non-Liabilitv of Directors and Officers. Neither the directors or officers ofthe Association nor any members of the Committee shall be liable to the Owners or any other persons for any error or mistake of judgment in carrying out their duties and responsibilities as said directors, officers or Committee members, except for their own individual willful misconduct or gross negligence. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE Section 4.1. Creation. There shall be, and hereby is, created and established the Architectural Control Committee to perform the functions provided for herein. Until the Applicable Date, the Committee shall consist of three (3) members appointed, from time to time, by Declarant and who shall be subject to removal by Declarant at any time with or without cause. After the Applicable Date, the Committee shall be a standing committee of the Association, consisting of three (3) persons appointed, from time to time, by the Board of Directors of the Association. Section 4.2. Purposes and Powers of Committee. The Committee shall regulate the exterior design, appearance and location of residences, buildings, structures or other improvements placed on any Lot and the installation and removal of fences, walls and landscaping on any Lot in such a manner as to preserve and enhance the value and desirability of the Real Estate for the benefit of each Owner, to maintain a harmonious relationship among structures and to provide for the proper functioning of the storm drainage system for the Real Estate. The Committee shall have the right to promulgate, modify and amend at any time and from time to time reasonable rules and regulations for the submission of matters to the Committee for approval. The rules and regulations in effect from time to time shall be available upon request to all Owners and builders who seek to engage in construction upon all or any portion of the Real Estate. Such rules and regulations may set forth additional requirements to those set forth in this Declaration, as long as the same are not inconsistent with this Declaration, and shall be binding on all Owners of any Lot. (i) In General. No residence, building, structure, fence, wall, patio, or other improvement of any type or kind ("improvements") shall be erected, constructed, placed, modified or altered on any Lot and no clearing, excavation, grading or other site work shall take place on any Lot until plans therefore have been approved in writing by the Committee. Such approval shall include approval of the exterior design and exterior colors and materials. No change shall be made in the exterior colors or materials of any improvement located on a Lot without the prior written approval of the Committee, unless such colors are specifically set forth on the approved list of colors published from time to time by the Committee. Approval of fences or walls may be conditioned upon installation of additional landscaping in order to screen such fence or wall from the view of adjoining property and the set back of such fence from the Lot line. Approval of the Committee shall be obtained only after written application has been made to the Committee by the Owner of the Lot requesting such approval. Such written application shall be in the manner and form prescribed from time to time by the Committee and, in the case of new construction or the modification or alteration of existing improvements, shall be accompanied by two (2) complete sets of plans for any such proposed construction, modification or alteration. Such plans shall include (a) site plans showing the location of all improvements existing upon the Lot and the location of the improvement(s) proposed to be constructed or placed upon the Lot, including any sidewalk required to be installed by the Owner pursuant to the Master Declaration, each properly and clearly designated, (b) exterior elevations of all buildings proposed to be constructed upon such Lot, (c) a finish schedule for all exterior surfaces to be constructed (with samples), (d) with respect to the initial construction on the Lot, a grading and drainage plan for the Lot, and (e) a landscaping plan, and, if applicable, a tree removal plan showing existing trees which will be required to be removed in connection with the proposed construction, together with any other information that the Committee may request. (ii) Power of Disapproval. The Committee may refuse to grant approvals required under this Article or eisewhere in this Declaration when: (a) The plans or other information submitted are inadequate or incomplete or show the proposed improvement to be in violation of any provision of this Declaration; (b) the exterior design (including the roof pitch) of the proposed improvement is not, in the opinion of the Committee, consistent with adjacent improvements or consistent with the general deveiopment of the Real Estate as a development of residences having traditional design featu res; (c) the exterior finishes are not, in the opinion of the Committee, compatible with finishes on adjacent improvements or appropriate for a development of the type contemplated on the Real Estate or the color range of such finishes is not consistent with the range or palette estabiished by the Committee for the development; (d) the grading and drainage plan is not, in the opinion of the Committee, compatible with the general storm water drainage plan for the Real Estate; (e) the landscaping is not, in the opinion of the Committee, appropriate or sufficient; or (I) the proposed construction, modification or alteration or the proposed tree removal would, in the opinion of the Committee, be contrary to the interests of any other Owner or inconsistent with the preservation and enhancement of the value of the Real Estate. Section 4.3. Duties of Committee. The Committee shall approve or disapprove any matters submitted to it for approval within twenty (20) days after all required information shall have been submitted to it. One copy of submitted material shall be retained by the Committee for its permanent files. All notifications to applicants shall be in writing, and, in the event that such notification is one of disapproval, it shall specify the reason or reasons for such disapproval. Section 4.4. Liabilitv of Committee. The Committee or any member thereof or the Declarant, the Association or any officer, director, agent or employee of any of the foregoing shall not be liable in any way for (i) any defects in any plans, specifications or other materials submitted to it, (ii) any defects in any work done according thereto or (iii) any damages arising out of or in connection with the approval or disapproval of any matter by the Committee. Section 4.5. Insoection. The Committee may inspect work being performed to assure compliance with this Declaration and the materials submitted to it pursuant to this Article IV. Section 4.6. Nonaoolication to Declarant. Notwithstanding the provisions of this Article IV or any other provisions of this Declaration requiring the approval of the Committee, the Declarant, or any entity related to Declarant, shall not be required to apply for or secure the approval of the Committee in connection with any construction, modification or alteration on the Real Estate by Declarant or any entity related to Declarant. ARTICLE V ASSESSMENTS Section 5.1. Creation of Lien and Personal Oblioation. Declarant, for each Lot now or hereafter owned by it, hereby covenants, and each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Association (i) regular assessments for Common Expenses ("Regular Assessments") and (iI) special assessments for capital improvements and operating deficits and for special maintenance and repairs ("Special Assessments"). The Regular Assessments may include an amount to be set aside or otherwise allocated in a reserve fund for the purpose of providing repair and replacement of any capital improvements which the Association is required to maintain. All such assessments shall be established, shall commence upon such dates and shall be collected as hereinafter provided and shall be due and payable without relieffrom valuation and appraisement laws. Such assessments, together with interest, costs of collection and reasonable attorneys' fees, shall be a continuing lien upon the Lot against which such assessment is made prior to all other liens except only (i) tax liens on any Lot in favor of any unit of government or special taxing district and (ii) the lien of any first mortgage of record. Each such assessment, together with interest, costs of collection and reasonable attorneys' fees, shall also be the personal obligation of the Owner of the Lot at the time such assessment became due and payable. Where the Owner constitutes more than one person, the liability of such persons shall be joint and several. The personal obligation for delinquent assessments (as distinguished from the lien upon the Lot) shall not pass to such Owner's successors in title unless expressly assumed by them. The Association shall, upon request of a proposed Mortgagee or proposed purchaser having a contractual right to purchase a Lot, furnish to such Mortgagee or purchaser a statement setting forth the amount of any unpaid assessments or other charges against the Lot. Such statement shall be binding upon the Association as of the date of such statement. Section 5.2. Reoular Assessments. The Board of Directors shall have the right, power and authority, without any vote of the members of the Association, to fix, from time to time, the Regular Assessments against each Lot at any amount not in excess of the maximum Regular Assessment hereinafter provided: (i) Until December 31, 2007, the maximum Regular Assessment for a calendar year on any Lot shall not exceed One Hundred Dollars ($100.00). (ii) From and after January 1,2008, the maximum Regular Assessment on a Lot for any calendar year may be increased by not more than ten percent (10%) above the Regular Assessment for the previous calendar year, except as provided in the following subparagraph (iii). (iii) From and after the Applicable Date, the Board of Directors may fix the Regular Assessment at an amount in excess of the maximum amount specified in subparagraph (ii) above with the approval of a majority of the members of the Association who are voting in person or by proxy at a meeting of the members of the Association duly called for such purpose. Section 5.3. Special Assessments. The Board of Directors may make Special Assessments against each Lot for the purpose of defraying, in whole or in part, the cost of constructing, reconstructing, repairing or replacing any capital improvement which the Association is required to maintain or the cost of special maintenance and repairs or to recover any operating deficits which the Association may from time to time incur after the Applicable Date only with the approval of a majority in the aggregate of both classes of members of the Association whp are voting in person or by proxy at a meeting of the members of the Association duly called for such purpose. Section 5.4. Uniform Rate of Assessment. The Regular Assessments and Special Assessments levied by the Association shall be uniform for all Lots. Section 5.5. Date of Commencement of Reqular Assessments; Due Dates. The Regular Assessments shall commence for each Lot on the first day of the first calendar month following the conveyance of such Lot by Declarant; provided, however, that Declarant may in its sole and absolute discretion delay the starting date for Regular Assessments for any Lot for as long as Declarant deems appropriate, but Regular Assessments shall in all events be payable commencing on the first day of the first calendar month following the date the Lot is occupied for residential purposes. Such first Regular Assessment for such Lot shall be prorated based on the number of calendar months then remaining in the annual assessment period. Thereafter, such lot shall be subject to annual Regular Assessments payable at such time as established by the Association. Until the Applicable Date, and notwithstanding anything else contained herein, no Regular Assessments or Special Assessments shall be owed or payable by Declarant with respect to any Lot or shall become a lien on any Lot while such Lot is owned by Declarant, but Declarant shall be obligated to pay any operating deficits the Association may incur prior to the Applicable Date. The Board of Directors of the Association shall fix the amount of the Regular Assessment at least thirty (30) days in advance of the annual assessment period. Written notice of the Regular Assessment, any Special Assessments, and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to each Owner subject thereto. All assessments shall be due and payable in such manner and on such schedule as the Board of Directors may provide. The Board of Directors may provide for reasonable interest and late charges on past due assessments. Section 5.6. Failure of Owner to Pay Assessments. (i) If any Owner shall fail to pay any assessment (or periodic installment of an assessment, if applicable) when due, the lien for such assessment on the Owner's Lot may be foreclosed by the Board of Directors for and on behalf of the Association as a mortgage on real property or as otherwise provided by law. Upon the failure of an Owner to pay any assessment (or a periodic installment of an assessment, if applicable) when due, the Board of Directors may in its discretion accelerate the entire baiance of any unpaid assessments and declare the same immediately due and payable, notwithstanding any other provisions hereof to the contrary. The Board of Directors may, at its option, bring a suit to recover a money judgment for any unpaid assessment without foreclosing or waiving the lien securing the same. (ii) Notwithstanding anything contained in this Section 5.6 or elsewhere in this Declaration, any sale or transfer of a Lot to a Mortgagee pursuant to a foreclosure of its mortgage or conveyance in lieu thereof, or a conveyance to any person at a public sale in the manner provided by law with respect to mortgage foreclosures, shall extinguish the iien of any unpaid assessments (or periodic installments, if applicable) which became due prior to such sale, transfer or conveyance; Drovided, however, that the extinguishment of such lien shall not relieve the prior Owner from personal liability therefore. No such sale, transfer or conveyance shall relieve the Lot or the purchaser at such foreclosure sale, or grantee in the event of conveyance in lieu thereof, from liability for any assessments (or periodic installments of such assessments, if applicable) thereafter becoming due or from the lien therefore. Such unpaid share of any assessments, the lien for which has been divested as aforesaid, shall be deemed to be a Common Expense, collectible from all Owners (including the party acquiring the subject Lot from which it arose). ARTICLE VI INSURANCE Section 6.1. Casualtv Insurance. The Association shall purchase and maintain fire and extended coverage insurance in an amount equal to the full replacement cost of all improvements, if any, owned by the Association or which the Association is required to maintain hereunder. If the Association can obtain such coverage for a reasonable amount, it shall also obtain "all risk coverage." Such insurance policy shall name the Association as the insured. Such insurance policy or policies shall contain provisions that (i) the insurer waives its rights to subrogation as to any claim against the Association, its Board of Directors, officers, agents and employees, any committee of the Association or of the Board of Directors, and all Owners and their respective agents and guests and (ii) waives any defense based on invalidity arising from the acts of the insured. Insurance proceeds shall be used by the Association for repair or replacement of the property for which the insurance was carried. Section 6.2. Liability Insurance. The Association shall also purchase and maintain a master comprehensive public liability insurance policy in such amount or amounts as the Board of Directors shall deem appropriate from time to time, but in any event with a minimum combined limit of One Million Dollars ($1,000,000) per occurrence. Such comprehensive public liability insurance shall cover all of the Common Areas and easement areas and shall insure the Association, its Board of Directors, officers, agents and employees, any committee of the Association or of the Board of Directors, all persons acting or who may come to act as agents or employees of any of the foregoing with respect to the Real Estate, all Owners and all other persons entitled to occupy any Lot. Such public liability insurance policy shall include a "severability of interest" clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or other Owners. Section 6.3. Other Insurance. The Association shall also purchase and maintain any other insurance required by law to be maintained, including but not limited to workmen's compensation and occupational disease insurance, and such other insurance as the Board of Directors shall from time to time deem necessary, advisable or appropriate, including but not limited to officers' and directors' liability insurance. Section 6.4. Miscellaneous. The premiums for the insurance described above shall be paid by the Association as a Common Expense. ARTICLE VII DAMAGE TO COMMON AREAS In the event of damage to or destruction of any part of the Common Areas, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a Special Assessment to cover the additional cost of repair or replacement not covered by the insurance proceeds. Notwithstanding any obligation or duty of the Association hereunder to repair or maintain the Common Areas or any easement area or improvements, equipment or facilities iocated therein or thereon installed by Declarant or the Association, if, due to the willful, intentional or negligent acts or omissions of an Owner or of a member of his famiiy or of a guest, tenant, invitee or other occupant or visitor of such Owner, damage shall be caused to the Common Areas (or such easement areas) or if maintenance, repairs or replacements shall be required thereby which would otherwise be a Common Expense, then such Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Association, unless such loss is covered by the Association's insurance. If not paid by such Owner upon demand by the Association, the cost of repairing such damage shall be added to and constitute a special assessment against such Owner and his Lot to be collected and enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general. ARTICLE VIII MORTGAGES Section 8.1. Notice to Association. Any Mortgagee who places a first mortgage lien upon a Lot may notify the Secretary of the Association of the existence of such mortgage and provide the name and address of such Mortgagee. A record of such Mortgagee and name and address shall be maintained by the Secretary of the Association and any notice required to be given to the Mortgagee pursuant to the terms of this Declaration, the By-Laws or otherwise shall be deemed effectively given if mailed to such Mortgagee at the address shown in such record in the time provided. Unless notification of any such mortgage and the name and address of Mortgagee are furnished to the Secretary, as herein provided, no notice to any Mortgagee as may be otherwise required by this Declaration, the By-Laws or otherwise shall be required, and no Mortgagee shall be entitled to vote on any matter to which it otherwise may be entitled by virtue of this Declaration, the By- Laws, a proxy granted to such Mortgagee in connection with the mortgage, or otherwise.