Article VI – Use Restrictions
In order to provide for congenial occupancy of the Property and for the protection of the value of the Units and/or Lots, the use of the Property shall be in accordance with the following provisions so long as the Property is subject to this Declaration.
Section 1 – Residential Uses. Units and Lots shall be Used for residential living purposes and for no other purpose, and no business or commercial use may take place on any Unit or Lot and no business may be conducted on any part thereof. Provided, however, nothing herein shall be deemed to prevent any portion of the Additional Property from being used for commercial, institutional or industrial uses as may be permitted by the applicable land use designations approved by the governmental entities. Declarant further reserves the right for itself, its successors and designees, the right to use a Lot or Unit for a sales office, model or construction office or, for so long as sales or construction is taking place.
Section 2 – Nuisances. Nothing shall be done or maintained on any Unit or Lot which may be or become an annoyance or nuisance to adjacent Owners. Any activity on a Unit or Lot which interferes with television, cable or radio reception on another Lot or in another Unit shall be deemed a nuisance and a prohibited activity. In the event of a dispute or question as to what may be or become, a nuisance, such dispute or question shall be submitted to the Board of Directors of the Association and the written decision of the Board shall be dispositive of such dispute or question.
Section 3 – Maintenance Required and Failure to Maintain. No weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain upon any Lot, and no refuse piles or unsightly objects shall be allowed to be placed or suffered to remain anywhere on any Lot, The Owner shall maintain the exterior of his Unit and any buildings and improvements on his Lot in good and workmanlike manner, and shall present a neat and clean appearance upon the Lot and the Unit. In the event that any Owner fails or, refuses to keep his Lot free of weeds, underbrush, refuse piles, debris or other unsightly growths or objects, or to keep the buildings or improvements on his Lot in a good and workmanlike manner, or in a neat and clean appearance, after giving written notice of the Association’s intent to do so and the Owner’s failure to act within three (3) days from receipt of notice, the Board may authorize its agents to enter upon the Lot and perform any necessary maintenance at the expense of the Owner, and such entry will not be deemed a trespass. In the event that the exterior maintenance of the Units are governed by a Subdivision Association and such Association fails to maintain the Units as required, the Board or the RACC may authorize it agents to enter onto the Lot and perform the maintenance at the expense of the Association and such entry will not be deemed a trespass. During construction of a Unit or other improvement, each Owner will be required to maintain his Lot in a clean condition, providing for trash and rubbish receptacles and disposal. Construction debris shall not be permitted to remain upon any Lot.
Sections 4 – Off Street Motor Vehicles. Off-Street Motor Vehicles, No motorized vehicles including, without limitation, two and three wheel all terrain vehicles or “dirt bikes” may be operated off of paved roadways and drives. Without limiting the Association’s right to collect and assess fines in other instances, it is specially acknowledged that Owners may be fined for each violation of this provision by themselves, their families, guests, tenants and invitees. Violations will result in automatic fines of $25.00 for the first offense, $50.00 for the second offense and $100.00 for each subsequent offenses.
Section 5 – Noise. Exterior noise, and noise emanating from within Units or other improvements, including without limitation, talking, singing, television, radio, record or tape player or musical instruments, shall be maintained from 11:00 p.m. until 7:30 a.m. at such volume that the noise is not audible beyond the boundaries of the Lot, or outside the boundaries of the Unit, if the Unit is in a condominium, apartment complex or similar attached dwelling from which it originates, and at all times so as not to constitute a nuisance or unreasonable annoyance to neighbors.
Section 6 – Pets and Animals. The Board shall have the right from time to time to adopt with respect to any Subdivision within the Property rules and regulations governing the type, number and size of pets or other animals that may be kept within that Subdivision; and rules and regulations governing pets may vary between Subdivisions in the Property to the extent that the Board of Directors deems appropriate.
Section 7 – Oil and Mining Operation. No oil drilling, mining operations, oil refining, quarrying or oil development operations, oil refining, or tanks, tunnels, mineral excavations or shafts shall be permitted upon, in, or under 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. It is specifically acknowledged that certain areas within the Property are subject to reserved dwelling and excavation rights of third parties who are authorized to undertake such activities. Such permitted use of these areas shall not be deemed to permit others owning Property to do likewise.
Section 8 – Commercial Trucks, Trailers and Boats. In order to maintain the standards of the Property with respect to residential appearance, no vehicles of any kind including , without limitation, commercial trucks, trailers, recreational vehicles or boats shall be permitted to be parked or to be stored on blocks or maintained outside of an enclosed garage.
Section 9 – Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Properties or any part thereof and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed.
Section 10 – Water System. The central water supply system provided for the service of the Property shall be used as the sole source of potable water spigots and outlets located within or on all Units. Each Owner shall pay water meter charges of the supplier thereof and shall maintain and repair all lateral portions of such water lines located within the boundaries of such Owner’s Lot. No individual potable water supply system or well for consumptive purposes shall be permitted on any Lot. Properly permitted wells may be used to provide water for irrigation only and such wells shall be subject to the approval of the RACC.
Section 11 – Sewer System. The central sewage system provided for the service of the Property shall be used as the sole sewage system for each Unit. Each Owner shall maintain and repair all portions of such sewer lines located within the boundaries of its Unit and shall pay, when due, the periodic charges or rates for the furnishing of such sewage collection system. No sewage shall be discharged onto the open ground or into any marsh lake, pond, park or ravine, and no septic tanks or drain fields shall be placed or allowed within the Property.
Section 12 – Resubdivision. No Lot or portion thereof shall be divided or resubdivided by any entity or person other than Declarant into a smaller Lot without the consent of the Declarant, which consent may be withheld for any reason. Provided, however, that a Lot may be resubdivided for the purposes of a road with the consent of the Declarant.
Section 13 – Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of street property lines extended. The same sight line limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstructing of such sight lines.
Section 14 – Additional Use Restrictions. The Board may adopt such additional use restrictions, rules or regulations, applicable to all or any portion or portions of the Property and to waive or modify application of the foregoing use restrictions with respect to any Units, Lots or Property as the Board, in its sole discretion, deems appropriate.