Declaration of Covenants – Major Use Restrictions

Overview:

The subdivision has legally binding covenants that govern many of the things we as homeowners’ can do and not do in the subdivision.  These restrictions are listed in the “By-laws”, the “Declaration of Covenants, Conditions and Restrictions”, as well as the “Design Standards – Policies, Guidelines, and Procedures” documents associated with our subdivision incorporation.  Non-compliance, either knowingly or unknowingly, by homeowners can have a negative effect on both the esthetic and valuation of all homes in our subdivision.  As such, we ask that you review the restrictions listed below that are of greatest concern, as well as all of the provisions and restrictions associated with the subdivision Declaration of Covenants and Design Standards documents.

Declaration of Covenants:

Article V – USE RESTRICTIONS

Section 2. Nuisances.  No noxious or offensive trade or activity shall be conducted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

Section 3.  Use of Other Structures and Vehicles

(b)  No trailer, truck, motorcycle, commercial vehicle, camper trailer, camping vehicle or boat shall be parked or kept on any lot at any time unless housed in a garage or basement.  No automobile which is inoperable shall be habitually or repeatedly parked or kept on any lot (except in the garage) or on any street in the subdivision for a period in excess of twenty-four hours in any one calendar year.

(c)  No automobile shall be continuously or habitually parked on any street or in the commons areas in the Property.  (Note:  This means that autos must be kept in driveways or garages, not on the street or at the clubhouse.  Additionally, boats and commercial vehicles cannot be kept in driveways!).

Section 4.  Animals.  No animals, including reptiles, live-stock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept, provided they are not kept, bred or maintained for any commercial or breeding purposes, and, provided further, that all local laws, ordinances and regulations are complied with by the owners of the lots or pets.

Section 5.  Clothes Lines; Fences and Walls; Swimming Pools; Antennae and Receivers/Transmitters.

(b)  No fence or wall of any nature may be extended toward the front or street side property line beyond the front or side wall of the residences.  As a “structure” no fence or wall of any nature may be erected, placed or altered on any lot until construction plans are approved in writing…

Section 6.  Duty to Repair and Rebuild.

(a)  Each owner of a lot shall, at its sole cost and expense, repair all portions of his residence and lot, keeping the same in condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear.

Section 8.  Signs.  No sign or advertising or for any other purpose shall be displayed on any lot or on a building or a structure on any lot, except one sign for advertising the sale thereof, which shall not be greater in area than twelve square feet;… Further, any such sign shall comply with all local laws, ordinances and/or regulations.

(Note:  For Sale signs in front of the subdivision entranceway or in the common areas are prohibited.  The Board has approved signs for one-day open houses on the day of the open house only.)

Article VI – ARCHITECTURAL AND LANDSCAPE CONTROL

Section 1.  Approval of Construction and Landscape Plans.

(a)  No structure may be erected, placed or altered on any lot until the construction plans and building specifications and a plan showing (i) the location of all improvements on the lot; (ii) the grade elevation (including rear, front and side elevations); (iii) the type of exterior material (including delivery of a sample thereof); and (iv) the location and size of the driveway (which shall be exposed aggregate concrete or concrete), shall have been approved in writing by Developer.

(b)  …Thereafter, no additional trees, shrubs or other plantings may be placed on any lot’s yard area bordering on the common areas until a supplementary landscape plan has been submitted to Developer for its approval in writing.

(Note:  The “Developer” has become the Architectural Review Committee. These requirements apply to fences, walls, and other major landscape plans.  You risk having to take down any such structures at your cost if you fail to obtain such approval.)