Each Owner, at said Owner’s sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner’s Lot (including the yard and landscaping) and Home and other improvements located thereon, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations of the Association.

 

No Owner shall store or allow any tenant to store any trailers, boats, motor homes, recreational vehicles or any disabled or inoperable motor vehicles on the Premises (other than completely within an enclosed garage, or within such other enclosure as may be approved in advance by the Board of Directors or the Architectural Control Committee) for more that forty-eight (48) consecutive hours.  Violations shall subject such vehicles to pubic impound, at the expense and risk of the Owner thereof.

 

Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon or therein except by express written consent of the Board.

 

All Lots and improvements located thereon, shall be used, improved and devoted exclusively to residential use.  Nothing herein shall be deemed to prevent the Owner from leasing a Lot and improvements subject to all of the provisions of the Declaration.  No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling for single-family occupancy only, not to exceed two stories and daylight or subterranean basement, and not to exceed 35 feet in height, with a private garage or carport for not more than three standard sized passenger automobiles.

 

No nuisance shall be permitted to exist or operate upon any Lot or improvement thereon so as to be detrimental to any other Lot or Property in the vicinity thereof or its occupants.

 

No Lot or portion of a Lot in this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.  Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined.

 

No Lot shall be used as a dumping ground for rubbish, trash or garbage.  Garbage and trash containers shall be buries or shall be located abutting rear or sides of house and shall be contained within an enclosure.  The design and material of said enclosure shall be in keeping with the general appearance of the house and its design must receive prior approval by the association.

 

No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except: that cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for an commercial purpose; and that such pets shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community or in violation of the reasonable rules and regulations of the Association.

 

No signs shall be displayed to the public view on any Lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by Declarant or another home builder to advertise the property during the construction and sales period.

 

 

5.10.1 With respect to the leasing, renting or creation of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term of less than thirty (30) days; and all leasing or rental agreements shall be in writing and be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement).

 

5.10.2 If a Lot or Home is rented by it Owner, The Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days.  The renter or lessee shall not have the right to question payment over to the Board, and such payment will discharge the lessee’s or renter’s duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner, and the Lot or Home under this Declaration for assessments and charges, or operate as an approval or the lease.  The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner; nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents.  Other than as stated herein there are no restrictions on the right of any Owner to lease or otherwise rent his Home.

 

Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Properties subject to this Declaration shall be observed.  In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply.

 

No business of any kind shall be conducted on any Lot with the exception of (a) the business of Declarant in developing an selling all of the Lots and (b) such home occupation for which a permit may be issued by the appropriate local government.

 

No outbuilding, basement, tent, shack, garage, trailer or shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for a construction shack used by an Owner’s construction contractor during the construction period.

 

No antenna, satellite dish or similar equipment shall be affixed to any exterior wall or roof or otherwise placed on any Lot in such a way as to be visible from any public street, or other Lot without the written approval of the ACC.

 

All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements.

 

No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot; nor shall oil wills, tanks, tunnels, mineral excavations or shafts be permitted upon on in any Lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

 

No permanent private water well or septic tank system shall be permitted on any Lot.  The cleaning of catch basins, in any, on individual Lots shall be carried out at least once prior to September 15 of each calendar year.

 

No residential structure shall be erected or placed on any Lot which has a lot area of less than that required by the governmental entity having appropriate jurisdiction over the Project.

 

Any improvements constructed on any Lot in the Property shall be completed as to external appearance, including finish painting, within six (6) moths from the commencement of construction except for acts of God in which case a longer period may be permitted.