HomeMy WebLinkAboutCovenants - RECORDEDL -A
C- CORCLARATION
OF
COVENANTS,
�.0 yy COVENTI.NTS, CONDITIONS ANL
FOR
F�� 1-11GH GROVE
THIS DECLARAT 16N (hereinafter called "the Declaration" or "this Declaration made
this day of ,r 2000, b Est Deve Company, In
WITNESSETH.
WHEREAS, Declarant is the owner of the real estate in Hamilton County, Indiana, more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference
(hereinafter referred to as the "Real Estate and
WHEREAS, Declarant is in the
community to 1wn as Rig.
the Real tstate a residential
WHEREAS, Declarant
values and amenities in
to this end, Declarant d
thereof to the tem3s of i
200000007618
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 02 -18 -2000 At o8;51 au.
DEC COV RES 63.00
RESTRICTIONS
d enhancement of the
es therein contained, and
owner of all or part
WHEREAS, Declarant de it de` t jar anon of the values and
amenities in said comrnuni o cr ch be delegated and
assigned the powers of ow t the cowmen facilities
NOW, TBIBEFORE, Declarant hereby declares that the Property is and shall be held,
transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved
and occupied subject to the provisions, agreements, conditions, covenants, restrictions,
casements, assessments, charges and liens hereinafter set forth, all of which are declared
to be in furtherance of a plan for preservation and enhancement of the Property, and are
established and agreed upon for ilia purpose of enhancing and protecting the value,
desirability and attractiveness of the Property as a whole and of each of the hots situated
therein, and which shall run with the Property and be binding upon all parties having any
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4
right, title or interest in the Property, their heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1. The following words, when used in this Declaration or any supplemental
declaration (unless the context shall prohibit), shall have the follmving meanings:
A. "Applicable Date mean the "Applicable Date as defined and detmmi_ned iri
accordance with Section 3B of Article III hereof
B. "Association" shall mean High Grove Homeowners Association, Inc., an Indiana non
profit corporation which Declarant has caused, or will cause, to be incorporated under
said name or a similar name, its successors and assigns.
C. "Board" or `Board of Directors" shall mean the board of directors of the
Association.
D "Commoix,Area" shall me
ose portions, if
the Property shown upon any
recorded subdivision plat of
p
including the initial Plat,
W11iCll are not LOts {r
o C
he
i to Te
plat any of suet areas as
fo Y`Y'
er
portions thereof (such
as streets) which are dedi
d to
c$ pl
heretofore or hereafter
recorded, including all
Verne
true
or to be constructed
thereon, and (ii) such po
of
s are
tier declared to be
"Common Area" by an i
ant
b
larant, whether or not
such areas comprise part
f
n
recorded stibdivision plat
of the Property.
E. "Declarant" shall mean Estridge' arty,10and any successors and
assigns of Declarant who it designates Fl ida more written recorded instruments to
have the rights of Declarant hereunder, including, but not limited to, any mortgagee
acquiring it a e p t ri der, or
foreclosure f (or y c p cti o d' u o for los re oe executed
by Declar sib, c gage virtue of
foreclosure against (or acceptance of a deed in lieu of foreclosure from) the Declarant
shall not be deemed to have assumed any prior obligations or liabilities of the Declarant
hereunder.
F. "Development" shall mean the improvement to the property as designated on the
Initial Plat.
F. "Development Period" shall mean the period of time beginning with the date of
execution of this Declaration and ending with the date the Declarant is no longer the
owner of any part of the Property.
i
r
_r.;
G. "Home" shall mean a residential housing unit designed or intended for use as living
qnarters for one family or housekeeping unit.
H. "Initial Plat" shall mean the subdivision plat(s) of the Real Estate
I. "Lot" shall mean and refer to any and each plot of land included in the Property (with
the exception of Common Area) designed and intended for use as a building site for a
Home, and identified as a lot on any recorded subdivision plat of the Property or any part
thereof (including initial Plat)
J. "Members" shall mean any person or entity holding membership in the Association as
provided in Article 1II hereof
K "Mortgage shall mean any mortgage or other security instrument by which a Lot or
any part thereof or any structure thereon is encumbered
L "Mortgagee" shall mean any person
Mortgage or any successors or assi
Mortgage prior to acquisition o
Mortgage
M. "Owner" shall mean th
fee simple title to any Lot
excluding those having suc
obligation.
N. "Person" whether appeari
individual, firm corporation,
combination thereof
is
as the Mortgages under any such
h person or entity under such
simple Title to erty encumbered by such
association,
O. "Property" shall mean and refer to the
P. "Real Estat c of
Indiana, descbed i it'A" a e
ao zis or entities, of the
Z Tel contract sellers, but
orn3armceofan
i, shall mean an
ither legal entity, or any
tL
Section 2. Other terms and words defined elsewhere in this Declaration shall have the
meanings herein attributed to them.
ARTICLE 11
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Declaration. Declarant hereby expressly declares that the Property shall be
held, transferred, sold, conveyed and occupied subject to all the terms, covenants,
conditions, restrictions and provisions of this Declaration. As of the date of execution of
this Declaration, the Property consists solely of the Real Estate. The Owner of any Lot at
any time subject to this Declaration, by (i) acceptance of a deed conveying title thereto,
or the execution of a contract for the purchase thereof, whether from Declarant or a
subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall accept
such deed, execute such contract and undertake such occupancy subject to all of the
terms, covenants, conditions, restrictions and provisions of this Declaration. By
acceptance of such deed, execution of such contract or undertaking such occupancy, each
Owner acknowledges the rights and powers of Declarant and of the Association with
respect to or under this Declaration, and, for himself, his heirs, personal representatives,
successors and assigns, covenants, agrees and consents to and with Declarant, the
Association, and the Owners and subsequent Owners-of each of the Lots- affected- by -thi
Declaration, to keep, observe, perform and comply with the terms and provisions of this
Declaration.
ARTICLE HI
MEMBERSHIP AND VOTING R1GHTS rN ASSOCIATION
Section 1 Membership. Every Owner of a Lot, except as herein provided to the contrary,
shall be entitled and required to be a m ssociation. If title to a Lot is held
by more than one person, each of F
lember. An Owner of more
than one Lot shall be entitled t sere shall be req
no membership for each
such lot. Each such member a to
t upon which it is based
urant
and shall transfer automatic y nv
eyance of the title of
that Lot, Except as herein
a p rt or entity other than an
Owner or Declarant may mem
,and embership in the
Association may not be tr erred
with ansfer of title to a Lot.
Section 3 Voting. The Associations shall have two (2) classes of voting lnembersNp, as
follows:
A. Class A. Class A members shall be all Owners of Lots, with the exception of the
Declarant prior to tenninatior. of Class B membership, and shall be entitled to one(1) vote
for each lot owned wish respect to each matter submitted to a vote of members upon
which the Class A members are entitled to vote. When more than one person holds title to
any Lot, all such persons shall be members. The vote for such Lot shall be exercised as
they among themselves determine, but in no event shall more than one Vote be cast with
respect to any one Lot. There can be no split vote. Prior to or at the time of any meeting
at which a vote is to be taken, each co -owner or other person entitled to a vote at such
meeting shall file with the Secretary of the Association the name of the voting co -Owner
or other person entitled to a vote at such meeting, unless such co -Owner or other person
has filed a general voting authority with the Secretary applicable to all votes until
rescinded.
Section 4. Suspension of
payment of any amount d
of thirty (30) days, or shall
Declaration for a period of
Association shall be susper
current and all defaults rerr
ARTICLE 7V
PROPERTY RIGHTS
Section 1. General Provisions.
Inilo hall be in an in the
claration for a period
i of the terms of this
s vote as a member of the
ll payments are brought
A. All easements described in this Declaration are permanent easements appurtenant,
running with the land. They shall at all times inure to the benefit of and be binding on the
Owner and the Mortgagee from time to time of any Lots and the Owner and Mortgagee,
if any, from tune to time of the Common Area, and their respective heirs, successors,
personal representatives or assigns.
B. The covenants and restrictions contained in this Declaration shall run with and bind
the land and shall inure to the benefit of and be enforceable by the Declarant, the
Association or the Owner of any Lot subject to this Declaration, their respective personal
representatives, heirs, successors and assigns, for an initial term commencing on the date
this Declaration is recorded and ending January 1, 2018, ailer which time the covenants
and restrictions shall be automatically renewed for successive periods of ten (10) years
each, as the same may be amended or modified as herein permitted and provided.
Section 212ight of Enjoyment_ Every Owner shall have a non exclusive right and
casement of enjoyment in and to the Common Area limited, however, to and for the uses
and purposes for which any portion of the Common Area is designed and intended. Such
right and easement shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
A. The right of the Association to pass reasonable rules, with respect to the Common
Area, for the health, comfort, safety and ersons using the sane;
The right of the Association end the voting fan Owner for any period
during which aray assessment t his Lot remains un for a period not to
exceed sixty (60) days for a fi lis regulations;
C. The right of the Aswci4W4 to
this Declaration; and
Article IV or
epaiQh�hintain, improve and
obligations descrt`bed in this
B. The Asso q atimftl ri t mort ge o 0 on f the nunon
Area for the g t e specified in tron 3A. hereinabove, provided that the rights of such mortgagee in the
Common Area shall be subordinate to the rights of the Owners under this Declaration,
and provided, further, that the mortgagee' shall have received the prior written approval
specified hereinbelow.
C. The Association shall have the right to dedicate or transfer all or any part of the
Common Area to any governmental subdivision or public agency or utility, and to grant
permits, licenses, and easements over the Common Area for utilities and other purposes
necessary or useful for the proper maintenance or operation of the project, subject to any
prior written approval required herein below. The Association may enter into agreements
on behalf of the members for the providing of services and utilities to the property and/or
i
the members so long as the rates in such agreement(s) are at or below the prevailing
market rate for such services in the Greater Indianapolis area, such agreement does not
solely benefit the Declarant and in no way should the Board of Directors benefit through
the contracts other than by the favorable rates received.
D. The Property shall be subject to easements of record on the date the various portions
thereof becomc subject to this Declaration, and to any casements in the Common Area
which may at any time be granted by Declarant or the Association (subject to the
approval referred -to -in the preceding- paragraph to- any-public -or private utilities or
governmental bodies for the installation and maintenance of electrical and telephone
conduit and lines, gas pipes, sewers or water pipes, eoaXial cable, or any other utility
services serving any Lots or the Common Area.
E. Anything herein apparently to the contrary notwithstanding, except as otherwise
expressly herein provided, no abandonment, partition, subdivision, encumbrance, sale or
transfer of the Common Area or other common property or any part thereof shall be
effective unless it shall have received approval specified hereinbelow.
Section 4. DeciaranVs ?tights. D shall have the
ghts as any other Owner as
to Lots owned by it from time e, exec as otherwise
'fled herein. In addition,
until the last single numbere ce d
ntified as a lot on any
recorded plat(s) of
te Real to
ere recorded, including
the Initial Plat is coyed
t, o til the Applicable Date
(whichever event shall first ur), D he
ri easement over the
Common Area for the corn on of
airs to improvements
(whether on the Common or u
on r portions of the Real
Estate, and the right to main
d any other portions of
the Property other than Lots o y an weer o er th
larant) for the purpose of
marketing homes, and to invite rt the public
or purpose.
Section 5. Non Dedication to Public Use contained is this Declaration or in
any subdivision plat of any part of the Property shall be construed or be deemed to
constitute a ded' ati on ex rew zm lied, any o' e e public
or to or for pu I e h al fsu h on ea g
reserved to th O rs tI�A s ei a i e bject,
however, to the rights of the Association and the Declarant to thereafter dedicate portions
of such Common Area to the public or to or for public uses or purposes but only to the
extent, and upon all of the conditions, set forth in this Declaration.
Section for'UnintentionaI Encroachment. Notwithstanding any other
provisions contained herein, in the event that any Home or any improvement to any
Dome encroaches upon any part of the Common Area, as a result of construction,
reconstruction, repair, shifting, settlement or movement of any part of the Property, then
a perpetual easement appurtenant to such encroaching Home shall exist for the
continuance of any such encroachment on the Common Area-
Section 7. Title to Common Area. Declarant hereby covenants that it shall convey and
transfer the Common Area included in and constituting apart of the Real Estate to the
Association prior to Declarant's resignation as a Class 8 member. The Common Area so
conveyed by Declarant to the Association shalt, at the time of such conveyance, be
subject to all easements, covenants, conditions, limitations and restrictions then of record,
but shall be free and clear of all liens and financial encumbrances other than the lien of
the then current non delinquent installment of real estate taxes and assessments and
subsequent installments thereof which shall thereafter be paid when due by the
Association
ARTICLE V
ASS'ESSM ENTS
Section 1. Personal Obligations Each Owner of a Lot, by acceptance of a deed or other
conveyance therefor, whether or not it shall be so expressed therein, shall be and is
deemed to covenant and agree to pay to the Association: (a) annual assessments or
Section 2. Purpose of Assessments The assessments levied by the Association shall be
I
used exclusively to promote the recreation, health, safety and welfare of the Owners and
residents of the Property, to construct, manage, improve, maintain, repair and administer
the Common Area and Amenities, and for payment of any other costs and expenses
incurred by the Association in connection with the performance of its duties, obligations
and responsibilities hereunder. An adequate reserve fund shall be maintained for working
capital and for the periodic maintenance, repair and replacement of those improvements
and elements of the Common Area, Amenities and any other property that must be
replaced on a periodic basis. Such reserve fund shall be maintained out of the regular
annual- assessments.
Section 3. Annual Assessments. Until December 31, 2000, the maximum annual
assessment shall be at the annual rate of Seven Hundred Twenty Dollars ($720.00) per
Lot.
H-
Section 4. Special Assessor Ants autbarized above,
the Association may levy, in essm year, a sped essment applicable to that
year only for the purpose of in whole or in e t of any construction,
reconstruction, repair, reeplacemen Co n Area, Amenities or
other such property /improvements for ociation is responsible, provided that
any such assessment shalt have the assent of not less than two thirds (2/3) of the total
votes of the Ivl bers are o in pe n o p o fled for
this purpose
Section 5. Notice and Quorum. Written notice of any meeting ofMembers called for the
purpose of talang any action authorized under Article V, Sections 3 or 4, shall be sent to
all Members not less than ten (10) days nor more than sixty (60) days in advance of the
meeting. At the opening of such meeting, the presence in person or by proxy of Members
entitled to cast sixty percent (60 1 /o) of the total votes of the membership shall constitute a
quorum_ If the required quorum is not present, another meeting may be called subject to
the same notice requirement, and the required quorum at any subsequent meeting sha11 be
one half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Rate'ofAssessment. Both annual, and special assessments must be faced at a
uniform rate for all Lots. Annual assessments shall be collected in a lump sum or if the
Association so chooses, on a mond dy basis (or other periodic basis, if and as determined
by the Board) and special assessments shall be collected as the Board determines. The
provisions of this Article V are subject to the provisions of Section 13 of this Article V.
Section 7. Commencement of Initial Annual Assessments. The Initial Annual
Assessment provided for herein shall commence as to each Lot on the date such Lot is
first conveyed by Declarant to an owner other than Developer. The first Owner of each
Lot- (other than- the Declarant and the Developer) shall pay -to the Association on the -day—
of conveyance to him in advance his share of the Initial Annual Assessment for the
balance of the calcndar year in which the conveyance tapes place.
Section 8. Commencement of Annual Assessments. By November 1st of each year the
Board shall fix the amount of annual assessments against each Lot for the following
calendar year and shall send written notice thereof to each Owner. The due date for
payment of annual assessments shall be as set by the Board. At the time the Board fixes
the amount of annual assessments it sh NWW udget for the following calendar year
and cause a copy of such budget in e furnished to each Owner.
Section 9. ProofofPayment. written demand of an er or Mortgagee, at any
time and for a reasonable ch o s written certificate signed
by an officer of the Associ se f e ar y then unpaid annual or
special assessments levied t gage t. Such certificate
shall be conchisive eviden f pa r s essments not stated
therein as unpaid.
Section 11. Recording and Enforcement of Liens. To evidence a lien for sums assessed
pursuant to this Article, the Association j'nay prepare a written notice of lien setting forth
the amount of the assessment, the date due, the amount remaining unpaid, the name of the
Owner of the Lot, the name of the person personally obligated to pay the same and a
description of the Lot. Such a notice shall be signed by an officer of the Association and
it or a notice of lien or adverse claim thereof may be recorded in the office of the
Recorder of Hamilton County, Indiana. No notice of lien shall be recorded until there is a
delinquency in payment of the assessment for thirty (30) days. Upon such a delinquency
for thirty (30) days, the Association shall proceed promptly to enforce the lien or, in its
discretion, to sue the person personally liable to pay the lien for the delinquency. Such
lien shall be enforced by action in the same manner in which mortgages on real property
may be foreclosed in Indiana_ In any such foreclosure, the person personalty obligated to
pay the lien shall be required to pay all costs of foreclosure including reasonable
attornoys' fees. All such costs and expenses shall be secured by the lien being foreclosed_
The person personally obligated to pay the lien shall also be required to pay to the
Association any assessments against the Lot which shall become due during the period of
foreclosure. The Association shall have the right and power to bid at the foreclosure sale
or -other legal sale and to acquire hold, convey; lease; rent, encumber; use and otherwise
deal with the foreclosed interest in the Lot as the Owner thereof. The Association shall,
upon written request, report to any ]Mortgagee of a Lot any assessments remaining unpaid
for longer than thirty (30) days after the same shall have become due; provided, however,
that such Mortgagee first shall have furnished to the Association, written notice of the
Mortgage under which it claims and its notice address.
Section 12. Subordination of Lien. The lien of the assessments provided for herein shall
be subordinate to the Iien of any fwi tt Mo j& r "firs MarfgagP and to tax li and
liens for special assessments in fav
esszng wait of government The
sale or transfer of any Lot shall ct the assessm
However, the sale or
transfer of any Lot pursual7t to, a e.foreclosure or
re provided in a First
Mortgage, or any proceedin e e
sh lien of such assessments
as to charges which were p e p
f such sale or transfer
shall relieve a Lot from li for
eafter oming payable or from
the lien thereof or shall reli the p
gated ay the same or from
personal liability for assess t3 pa
le or isfer or acquisition.
Any delinquent assessrnen li
ishe reason of this
provision, may be realloeat
on expense.
Section 1. The Architectural Review Board. An Architectural Review Board
"Comraittec consisting cf two (2) or more persons shall be appointed by the Declarant.
Following the end of the Development Period, the Architectural Review Board shall be
appointed by the Board of Directors.
Section 2. Purpose. The Architectural Review Board shall regulate the external design,
appearance, use, location, and maintenance of the Property and of improvements thereon
in such manner as to preserve and enhance values and to maintain a harmonious
relationship among structures, improvements, and the natural vegetation and topography.
Section 3. Conditions. Except as otherwise expressly provided in this Declaration, no
improvements, alterations, repairs, change of colors, excavations, changes in grade,
planting, or other work that in any way alters any Lot or the exterior of the improvements
located thereon from its natural or improved state existing on the date such Lot was first
conveyed in fee by Declarant to an Owner shall be made or done without the prior
approval of the Architectural. Review Board of a Lot Development Plan therefor Prior to
the commencement by any Owner other than Declarant of (i) construction, erection or
alteration -of any-Home,- building fence,- wall pool tennis court, -patio or other
structure on a Lot or (ii) any plantings on a Lot, a Lot Development Plan with respect
thereto shall be submitted to the Architectural Review Board, and no building, fence,
wall, Home or other stnlcture shall be commenced, erected, maintained, improved,
altered, made or done, or any plantings made, by any person other than Declarant without
the prior written approval of the Architectural Review Board of a Lot Development Plan
relating to such construction, erection, alteration or plantings. Such approval shall be in
addition to, and not in lieu of, all approvals, consents, permits and/or variances required
by law from governmental authorities iction, over High Grove, and no
Owner shall undertake any cons igh Grove unless all legal
requirements have been satisfi Owner shall c to all improvements to a Lot
strictly in accordance with Develo went Plana by the Architectural
Review Board As used in es include flowers, bushes,
shrubs or other plants ha h n ches.
Section 6. Application of Guidelines and Standards. The Architectural Review Board
shall apply the guidelines and standards established pursuant to Section 5 in a fair,
uniform and reasonable marner consistent with the discretion inherent in the design
review process. In disapproving any Lot Development Plan, the Architectural Review
Board shall furnish the applicant with specific reasons for such disapproval and may
suggest modifications in such plan which would render the plan acceptable to the
Architectural Review Board ifresubmitted.
Section 7. Exercise of Discretion. Declarant intends that the members of the
Architectural Review Board exercise discretion in the performance of their duties
consistent with the provisions of Section G, and every Owner by the purchase of a Lot
--shalt be conclusively- presumed to-have consented to of discretion by such
members. In any judicial proceedings challenging a determination by the Architectural
Review Board and in any action initiated to enforce this Declaration in which an abuse of
discretion by the Architectural Review Board is raised as defense, abuse of discretion
may be established only if a reasonable person, weighing the evidence and drawing all
inferences in favor of the Architectural Review Board, could only conclude that such
determination constituted an abuse of discretion_
OTHER RIGHTS
Section 1. The Common Are
the Owners as set forth in
ec
the exclusive management
col
improveuaents (if any) the
tine
sarne in good order and
Suc
otherwise herein declared
tateec
Lots) Shall Include, but not
ml
Area, Amenities, and all oth
p
connection with the Comm
ASSOCIATION
ghts and obligations of
)r, and be vested with,
ienities and all
and shall keep the
e saute is not
bility of Owners of
aau of the Common
within or used in
Section 2. Services. The Associate for "Cervices of any persons
or entities, to manage its affairs, or any p to the extent it deems advisable, as
well as such other personnel as the Association shall determine to be necessary or
desirable for the rrwe _c=rag of the P=ortY_ vheth=.%uchoa&owel am-famished
or emplo3
contracts.
which it
necessary or desirable in connection with the operation of the Property, the enforcement
of this Declaration or any proceedings or controversy in which the Board determines it is
necessary or advisable to have professional advice. the Association may arrange with
others to furnish trash collection and other common services to each Lot. Any agreement
for professional management of the Property, or any other contract providing for services
by Declarant or an entity owned or controlled by the same persons as Declarant, must
provide for termination by either party without cause and without payment of a
termination fee on ninety (90) days or less written notice and by either party for cause
upon thirty (30) days or less written notice and shall have a maximum contract term of
one (1) year, but may be renewable by agreement of the parties for successive one
year terms.
C Section 3. Personal Property for Common Use. The Association may acquire and hold
for the use and benefit of all of the Owners tangible and intangible personal property and
may dispose of the same by sale or otherwise. Such beneficial interest shall not be
transferable except with the transfer of title to a Lot, provided that an Owner may
delegate his right of enjoyment of such personal property (if any) to any resident of his
Lot. A transfer of title to a Lot shall transfer to the transferee ownership of the transferor's
beneficial interest in such property in accordance with the purpose for which it is
_intended, without hindering or encroaching upon the lawfal rights -of other Owners. The-
trdnsfer of title to a Lot under foreclosure shall entitle the purchaser to the beneficial
interest in such personal property associated with the foreclosed Lot.
Section 4. Hazard and Liability Insurance for Common Property, The Association shall
procure extended coverage insurance on the Common Area, reconstruction of such
insurable Common Areas and other common property, including insured improvements.
The cost of such insurance shall be assessed as provided in Article V above. Holders of
First Mortgages ("First Mortgagees on intly or sbagly, may pay overdue
premiums on hazard insurance po i w hazard insurance coverage on
the lapse of a policy, for the Co ca and othe on property, and First
Mortgagees making such pa shall be owed imrne imbursement therefore
from the Association, The a ze'' t o an agreement in favor of
all First Mort
Mortgag of H est S eirnhtrrcAmPnt
Section 1. Upkeep and Mai
and maintenance of his Hon
not otherwise maintained by
iible for the upkeep
of his Lot to the extent
GENERAL RESTRICTIONS, OBLIGATIONS AND
RIGHTS APPLIC LE o P
Section I_ CM 4t,, t c
on eaIl r or
maintained on ea No Home shall be used for purposes other than as a single
family residence, nor shall any trade or business of any kind be carried on within a Horne
or upon a Lot, nor shall any Lot or any part thereof be leased, sublet, assigned or suffered
to be used for transient occupancy, provided that none of the following activities shall be
considered a violation of this covenant:
A. The maintenance of model Homes and business and sales offices by Declarant or their-
designated Builders during the construction and sale periods.
B. The maintenance of offices by the Association or its designated manager for purposes
of managing of the Properly.
Board of Directors. Ali fencing, color, style and its plaeeanent, shall be subject to
approval by the Committee. No fence shall be higher than six (6) feet. Fencing style and
color shall be consistent with the Property. No chain link fences shall be permitted unless
speciat permission is granted by the Architectural Committee and the Board of Directors
and then they shall only be utilized for uses such as fencing around tennis courts.
No yard ornament shall be allowed on any lot including but not limited to metallic balls,
concrete statues, etc. without the approval of the Architectural Review Committee.
Section 11. Trash. No Lot shall be used or maintained as a dumping ground for trash.
Rubbish, garbage or other waste shall be kept in sanitary containers. All equipment for
storage or disposal of such materials shall be kept clean and shall not be stored on any
Lot in open public view. All rubbish, g,-xbage or other waste shall be regularly removed
from a lot and shall not be allowed to accumulate thereon.
Section 12. Tanks. There shall be no gas or oil storage tanks used in connection with a
Lot.
body. No damage to, or w the Coax or r exterior
of the Proneranuiiher zh b ted ari O ne or vitee or
tenant of any anec>?r sl andhol:es.sstiid the
other Owners harmless against all loss resulting from any such damage or waste caused
by him or his invitees or tenants, to the Association and other Owners. No noxious,
destructive or offensive activity shall be allowed in any Homes, on any Lots or in the
Common Area or any part thereof, nor shall anything be done thereon which may be or
may become a nuisance to any other Owner or to any other person at any time lawfully
residing on the Property.
Section 15_ Animals. No animals, rabbits, livestock, fowl or poultry of any bind shall be
raised, bred or kept in or on any loot, except that household pets may be kept on Lots,
subject to rules and regulations adopted by the Board, provided that they are not kept,
bred, or maintained for any commercial purposes; provided, further, that any such pet
C. Lease, rental or use of a Nome for purposes consistent with this Section.
D. The use of a Home by an Owner for incidental office purposes to the extent permitted
by applicable zoning ordinances.
Section 2. BAding Setback Lines. Building setback lutes are established on the plat. No
building or structure shall be erected or maintained between said setback lines and the
front,. rear. or. side lot line (as the case maybe) of said Lot:
Section 3. Home Size. Except as otherwise provided herein, no home may be constructed
on any Lot unless such Home, exclusive of open porches, attached garages and
basements, shall have a minimum ground floor area of 2,500 square feet if one story
structure, but in the case of a building higher than one story, there must be at least 1,500
square feet of ground floor area, and the total floor area shall not be less than 2,700
square feet.
Section 4. Garagc- No garage sha] e'
t, which is not permanently
attached to the Nome, and no u wed storage area
a erected. No enclosed
storage area shall be erected Lot which is not
e ly attached to the Home.
Section 5. Outbuildings. N I
e storage sheds or tool
sheds of any kind shall be ted o
exc at used by a builder
during the construction of orne,
struct 'structures shall be
promptly removed upon c le ii,
e Ho
Section 6. Driveways. Each
f c ete or asphalt material.
Section 7_ Swimming Pools. 1*r e ground swir ol* shall be permitted in the
Property.'
Section 8. Solar Hit Panels_ No solar heat panels shall be perm tied in the Property.
Section 9. A es ll all be s s m m ri str ttte erty.
Section 10. Fences Yard Ornam nts. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between two (2) and six (6) feet above the street shall
be placed or permitted to rernain on any comer lot within the triangular area formed by
the street property lines and a line connecting points twenty five (25) feet from the
intersection ofsaid lines, or, in the case of a rounded property corner, from the
intersection of the street lines extended. The same sight line intersection of a street line
with the edge of a driveway pavement or alley Iine. No tree shall be permitted to remain
within such distances of such intersections unless the foliage lines are maintained at
sufficient height to prevent obstruction ofsuch sight line. No fence may be placed on a
Lot abutting a lake that exceeds four (4) feet in height beyond a point fifteen (15) feet
from the Home constructed on said Lot, except by special permission granted by the
causing or creating a nuisance or unreasonable disturbance shall be permanently removed
from the Property subject to these restrictions upon three days' written notice from tt?e
Board, and provided further, that upon written request of twenty five percent (25 of the
voting power of the Association, the Board of Directors shall have the authority to, and
shall order the removal of, any pet.
Section 16. Storage. Outside storage of any items, including but without limiting the
generality ofthe foregoing, sporting equipment, toys, outdoor cooking equipment, yard
___and. garden tools and equipment and trash and containers; shall not be allowed
unless screened from view by enclosures so as to be effectively screened from view
outside the lot upon which the same are located, The design of such screened enclosure
must be approved by the Association in accordance with the architectural control
provisions hereof. The storage or collection of rubbish of any character whatsoever, any
material that emits foul or obnoxious odors, the growing of any noxious or illegal weed
or other natural substance, and the harboring of the source of any noise or activity which
disturbs the peace, comfort or serenity of residents is prohibited. Usual household trash
and garbage shall be regularly collected zelst outside only if in. sanitary
containers which are so screened. going, no boats,
snowmobiles, recreational veW lens, camping �r buses, mobile homes,
tractorltrailers, trucks, motom mini op ed or inoperable
vehicles, or any other vehicl cL o al passenger
automobiles ('including sta a h 'ckups and vans) shall
at any time be stored or p on a "arage, n any street within the
Property, or on any part of Co ane or temporarily-
Section 19. Yard Lights. Each owner or his builder shall install and maintain in operable
condition a pole light on the Lot having a height and of a type, style and manufacture
approved by the Architectural Review Board prior to the installation thereof. Each such
light fixture shall also have a bulb of a wattage approved by Architectural Review Board
to insure uniform illumination on each Lot and shall be equipped with a photo electric
cell or similar device to insure automatic illumination from dusk to dawn each day- Yard
lights shall be installed behind sidewalks and not farther from back of curb than ten (10)
feet_
Section 20. Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be
of a type, color and manufacture approved by the Architectural Review Board. Such
mailboxes shall be installed upon posts approved as to type, size and Iocation by the
Architectural Review Board.
Section 21. Basketball Goals. No basketball goal shall be placed or maintained in the
front..driveway of a Lot or within the right -of –way of any street. Backboards shall be of___
a translucent material such as fiberglass or Lexan and attached to a black pole or similar
type of post.
Section 22. Rentals. Any lease between an Owner and a lessee shall provide that the
terms of the lease shall be subject in all respects to the provisions of this Declaration and
the Articles of ineorpotation and By -Laws of the .Association, and that any failure by the
lessee to comply with the terms of such documents shall be a default under the lease. All
leases shall be in writing. No Home or Latma easiicc r a period of less than ninety
(90) days. Other than tlic foregoin oons on the right of any
Owner to lease his Horne.
Secti on 23. Rules and R+
rescind and cancel, such
and enjoyment of the Pry
discretion deems avoroa
ay amend, modify,
time governing the use
k Board in its sole
Section 24. Accessory Out
erected on any Lot or Lots
ildings shall be
Committee.
Section 25. Occupancv or Resi Use of Partiall le Home Prohibited. No
Nome shall be occupied or used o cir huA& habitation until. it shall
have been substantially completed for o accordance with the approved
building plan. The determination of whether the Home shall have been substantially
completed in accordance fe �A pl by�,
Committee d a d p s
w
Section 26. beer Restrictions. The Property shall be subject to the easements,
restrictions and limitations of record, and to all governmental zoning authority and
regulations affecting the Property, all of which are incorporated herein by reference.
Section 27. Right to .Perform Certain Maintenance. In the event that the Owner of any
Lot in the Property shall fail to maintain his Lot and any improvements situated thereon
in accordance with the provisions of this Declaration, Declarant shall have the right, but
not the obligation, by and through its agents and employees or contractors, to enter upon
said Lot and repair, clean or perform such other acts as may be reasonably necessary to
make, such Lot and improvements thereon, if any, conform to the requirements of this
Declaration. The cost therefor to Declarant shall be collected in a reasonable manner