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Extract of article eleven
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ARTICLE ELEVENBuilding, Use, and Architectural Restrictions Section One: The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors or its authorized representative in this Article of the Declaration. Said reserved right shall automatically terminate when the Developer no longer owns any Lot, or at such earlier time as said reserved right is relinquished to the Board of Directors of the Association. Each Lot shall be subject to this reserved right in the Developer and each Owner shall take subject thereto. Section Two: Except as to construction, alteration, or improvements performed by the Developer:
No building, structure, or other improvement shall be erected, placed, or altered on any Lot until the building plans, specifications, and plot plan showing the nature, kind, shape, height, materials, and location of such building, structure, or other improvement have been submitted and approved in writing by the Board of Directors of the Association or its authorized representative.
In like manner, no fences, hedges, or walls shall be erected or altered, and no exterior changes of any kind shall be made to any building, including but not limited to, exterior color changes, additions, or alterations, until such written approval shall have been obtained.
If the Board of Directors, or its authorized representative, fails to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required items to the Board of Directors, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the Board of Directors or its authorized representative.
Section Three: No trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuilding or buildings or any structure of a temporary character erected or placed on the Properties shall at any time be used as living quarters except as hereinafter specifically authorized. Section Four: No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Lot Owners. Section Five: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except cats, dogs, birds, or fish may be kept if they are not kept, bred, or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Section Six: No sign of any kind shall be displayed to public view on any Lot, except upon written approval of the Board of Directors, its authorized representative, or Developer as herein provided. Section Seven:
The exterior of any building, structure, or other improvement shall be completed within nine (9) months from the commencement of construction so as to present a finished appearance when viewed from any angle.
All construction materials and debris shall be removed, and final grading shall be completed within said nine-month period.
Landscaping shall be substantially completed within six (6) months of the date of first occupancy.
Section Eight: No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation:
Laundry hanging or exposed in view for drying.
Litter, trash, junk, or other debris.
Inappropriate, broken, damaged, or ugly furniture or plants.
Nondecorative gear, equipment, cans, bottles, ladders, trash barrels, and other such items.
No awnings, air conditioning units, or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained as provided in the Declaration.
Section Nine: No radio or television antenna or transmitting tower shall be erected which exceeds 5 feet in height above the roof ridge line of a Housing Unit. No separate towers therefore shall be permitted except upon written approval of the Board of Directors or its authorized representative as hereinabove provided. Section Ten:
Except as hereinafter expressly provided, the Common Areas and/or streets located on the Properties shall not be used for the overnight parking of any vehicle other than private family automobiles.
No boat, boat trailer, house trailer, camper, truck, or other recreational vehicle or similar object, or any part thereof, shall be stored or permitted to remain on any Lot, the Common Areas, or on any part of the Properties unless the same is stored or placed in a garage.
Lot Owners who have guests staying in a camper, trailer, or other form of recreational vehicle may secure written permission from the Board of Directors or its authorized representative for said guests to park such vehicles on the Lot or public street adjacent to the Lot for up to two (2) weeks.
The Board of Directors or its authorized representative shall give written notice of a violation to the Lot Owner or occupant. The Lot Owner or occupant shall have ten (10) days from receipt of said notice to remedy the violation. If not remedied, the Board is granted the right to remove the violating items at the owner's expense. Lot Owners hereby grant to the Association an express easement for this purpose.
Section Eleven: In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer reserves the right to maintain upon the Properties such facilities as, in its sole opinion, are required, convenient, or incidental to the construction and sale of Housing Units or Lots. These include business offices, storage areas, construction yards, signs, model units, and sales offices.
