HomeMy WebLinkAboutTaylor Trace Covenants & Restrictions (excerpt)T-Lc cavE,0 est
rfCOrQad �5^ 03 (eepf'
Fncroachments upon any Lot which may be created as a result of such reconstruction or
repair of any of the Common Areas shall not constitute a claim or basis or a proceeding or action
by the Owner upon whose Lot such encroachment exists, provided that such reconstruction was
either substantially in accordance with the plans and specifications or as the Common ArcaS
were originally constructed.
ARTICLE VIII
Restrictions, Covenants and Regulations
Section 1. Restrictions on Use. The following covenants and restrictions on the use
and enjoyment of the Lots, Dwelling Units and common Areas shall be in addition to any other
covenants or restrictions contained herein and in any subdivision plats of any part of the real
Estate heretofore or hereafter recorded, and all such covenants and restrictions are for the mutual
benefit and protection of the present and future Owners and shall run with the land and inure to
the benefit of and be enforceable by any Owner, or by the Corporation. Present or future Owners
or the Corporation shall be entitled to injunctive relief against any violation or attempted
violation of any such covenants and restrictions, and shall, in addition, be entitled to damages for
any injuries or losses resulting from any violations thereof, but there shall be no right of
reversion or forfeiture resulting from such violation. These covenants and restrictions are as
follows:
34
(a) All Lots and Dwelling Units shall be used exclusively for residential purposes and
for occupancy by a single family.
(b) Nothing shall be done or kept by an Owner in any Dwelling Unit, or on any Lot,
or on any of the Common Areas, which will cause an increase in the rate of
insurance on any Common Areas. No Owner shall permit anything to be done or
kept in his Dwelling Unit or on his Lot which will result in a cancellation of
insurance on any part of the Common Areas, or which would be in violation of
any law or ordinance or the requirements of any insurance underwriting or rating
bureau.
(c) No nuisance shall be permitted and no waste shall be committed in any Dwelling
Unit or on any Lot.
(d) No Owner shall cause or permit anything to be hung or displayed on the outside
of the windows of his Dwelling Unit or placed on the outside walls of any
building, -and sign, awning, canopy, shutter or radio or television antenna or other
attachment or thing shall be affixed to or placed upon the exterior walls or prior
consent of the Committee unless otherwise expressly authorized herein, or in any
recorded subdivision plat, or by the rules, regulations and guidelines of the Committee.
(e) No Dwelling Unit or Lot shall be used in any unlawful manner or in any manner
which plight cause injury to the reputation of the subdivision developed or to be
developed on the Real Estate, or which plight be a nuisance, annoyance,
inconvenience or damage to other Owners and occupants of Dwelling Units or
neighboring property including without limiting the generality of the foregoing,
noise by the use of any musical instruments, radio, television, loud speakers,
electrical equipment, amplifiers or other equipment or machines or loud speakers.
(f) No clothes, sheets, blankets, rugs, laundry or other things shall be hung out or
exposed on, or so as to be visible from, any part of the Common Areas. The
Common Areas shall be kept free and clear oI'rubbish, debris and other unsightly
materials.
No industry, trade, or other commercial or religious activity, educational or
otherwise, designed for profit, altruism or otherwise, shall be conducted, practiced
or permitted on the Real Estate unless and except as otherwise authorized or
permitted by any subdivision plats of the Real Estate.
(h) All Owners and members of their families, their guests, or invitees, and all
occupants of any Dwelling Unit or other persons entitled to use the same and to
use and enjoy the Common Areas or any part thereof, shall observe and be
governed by such rules and regulations as may from time to time be promulgated
and issued by the Board governing the operation, use and enjoyment of the Common Areas.
(i) No Owner shall be allowed to plant trees, landscape or do any gardening in any of
the Common Areas, except with express permission from the Board.
(j) Common Areas shall be used and enjoyed only for the purposes for which they
are designed and intended, and shall be used subject to the rules and regulations
from time to time adopted by the Board. Without limiting the generality of the
foregoing, the lakes or ponds to be installed on the Real Estate, as shown on the
site plan, are and will be an integral part of the storm water drainage system
serving the Real Estate and are intended to be used for such purpose and primarily
as visual and aesthetic amenities and not as recreational amenities. Accordingly,
no use shall be made of such lakes or ponds which in any way Anterferes with their
proper functioning as part of such storm water drainage system. No boating,
swimming, diving, skiing or ice skating shall be permitted in or on said lakes or
ponds. No sewage, garbage, refuse, or other solid, liquid, gaseous or other
materials or items (other than storm and surface water drainage) shall be put into
said lakes or ponds except the Corporation may take steps to clear and purify the
waters thereof by the addition of chemicals or other substances commonly used
for such purposes or by providing therein structures and equipment to aerate the
same. Fishing from the shores of such lake or ponds adjacent to an Owner's Lot
by the Owner thereof and his invited guests and family shall be permitted subject
to obeyance and compliance with all applicable fishing and game laws,
ordinances, rules and regulations. The Corporation shall be responsible for the
maintenance of the lakes or ponds and the banks of the lakes or ponds above the
water level to the Lot lines. The maintenance costs of the lakes or ponds and such
banks shall be assessed as an assessment against all Lots subject to assessment as
part of the Common Expenses. No dock, pier, wall or other structure may be
extended in to the lakes or ponds. Except for such loss or damage as may result
from the act or omission of the Corporation or its agents in the course of
maintaining the lakes or ponds and the adjoining banks, each Owner of a Lot
abutting the lakes or ponds shall indemnify and hold harmless the Corporation
and each other Owner against all loss or damage incurred as a result of injury to
any person or damage to any property, or as a result of any other cause, arising
from or related to use of, or access to, the lakes or ponds by any person who gains
access thereto from, over or across such Owner's Lot. Declarant shall have no
liability to any person with respect to any damage to any Lot resulting from the
lakes or ponds or the proximity of a Lot thereto, including loss or damage from
erosion.
(g)
Notwithstanding anything to the contrary contained herein or in the Articles or By -Laws,
including but not limited to any covenants and restrictions set forth herein or otherwise,
35
Declarant shall have, until the Applicable Date, the right to use and maintain any Lots and
Dwelling Units owned by Declarant and other portions of the Real Estate (other than individual
Dwelling Units and Lots owned by Persons (other than Declarant), all of such number and size
and at such locations as Declarant in its sole discretion may determine, as Declarant may deem
advisable or necessary in its sole discretion to aid in the sale of Lots and the construction of
Dwelling Units, or for the conducting of any business or activity attendant thereto. or for the
construction and maintenance of Areas, including, but not limited to, model (Dwelling
Units, storage areas, construction yard, signs, construction offices, sales offices, management
offices and business offices. Declarant shall have the right to relocate any or all of the same
from time to time as it desires. At no time shall any of such facilities so used or maintained by
Declarant be or become part of the Common Areas, unless so designated by Declarant, and
Declarant shall have the right to remove the sane from the Real Estate at any time.
Section 2. Non- applicability to Corporation. Notwithstanding anything to the
contrary contained herein, the covenants and restrictions set forth in Section 1 of this Article XI1I
shall not apply to or be binding upon the Corporation in its ownership, management,
administration, operation, maintenance, repair, replacement and upkeep of the Common Areas,
to the extent the application thereof could or might hinder, delay or otherwise adversely affect
the Corporation in the performance of its duties, obligations and responsibilities as to the
Common Areas.
ARTICLE XIV
Amendment of Declaration
Section 1. Generally. Except as otherwise provided in this Declaration, amendments
to this Declaration shall be proposed and adopted in the following manner:
.(a) Notice. Notice of the subject matter of any proposed amendment shall be
included in the notice of the meeting at which the proposed amendment is to be
considered.
(h) Resolution. A resolution to adopt a proposed amendment may be proposed by the
Board of Directors or Owners having in the aggregate at least a majority of the
votes of all Owners.
(c) Meeting. The resolution concerning a proposed amendment must be adopted by
the designated vote at a meeting duly called and held in accordance with the
provisions of the By -Laws.
i( (d) Adoption. Any proposed amendment to this Declaration must be approved by a
vote of not less than seventy -five percent (75 in the aggregate of the votes of
all Owners. In the event any Lot or Dwelling Unit is subject to a first mortgage,
36