ARTICLE VII: MAINTENANCE — From Declaration of Covenants
Each owner shall be solely responsible for the maintenance and repair of his Lot. In the event an owner of any Lot in the Properties shall fail to maintain his Lot and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after notice and hearing and upon approval by two thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees to enter upon said Lot and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.
ARTICLE VIII: USE OF RESTRICTIONS
- a) The use of the Common Area, Lots and Improvements thereon shall be subject to the restrictions set forth in Article IV, Section 1, and to those restrictions hereinafter set forth.
- b) The use of the Common Area shall be subject to such rules and regulations as may be adopted from time to time by the Board of Directors of the Association or the Association members.
- c) No use shall be made of the Common Area which will in any manner violate statutes, rules, regulations, orders or decrees of any governmental authority having jurisdiction over the Common Area
- d) No owner shall place any structure upon the Common Area, nor shall do any act which would temporarily or permanently deny free access to any part of the Common Area to all owners.
- e) The Property is hereby restricted to residential dwellings for residential use and uses related to the convenience and enjoyment of such residential use. All buildings or structures erected upon the Property shall not be moved from other locations onto any Lot. No structures of a temporary character, trailer. basement. tent, shack, garage, barn or other outbuilding shall be used on any portion of the Properties at any time as a residence either temporarily or permanently. No Lot on either a Lot or portion of the Common Area shall ever be used for commercial purposes.
- f) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. All household pets shall be controlled by their owner and shall not be allowed in or on the Common Area or any facility located thereon except when properly leashed.· Each owner of a household pet shall be financially responsible and liable for any damage caused by said household pet.
- g) No advertising sign (except one of not more than six square feet, containing the words “For Sale….or “For Rent” per Lot), billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on any Lot nor shall any Lot be used in any way or for any Lot or any residence thereof. The prohibitions sat forth in this Section shall not apply to the Declarant or any other contractor constructing improvements on any Lot within the proportion during the initial sales and construction period.
- h) All clotheslines, equipment, garbage cans, service yards, wood piles or storage piles shall be kept so as to conceal them from view of neighboring Lots and streets. All rubbish, trash or garbage shall be regularly removed from the Lots, and shall not be allowed to accumulate thereon.
- i) The Association or its duly delegated representative shall maintain and otherwise manage the Common Area, provided however, that any agreement for professional management of the common area or any contract for providing services by the Declarant in regard to the common area shall provide that the same shall be terminable with or without cause or the payment of a termination fee on 60 days written notice by either party and shall not be for a term in excess of 3 years.
- j) No exterior television or radio antennas of any sort shall be placed, allowed or maintained upon any portion of the Improvements to be located upon the Properties, nor upon any structure situated upon the Property, except as may beapproved, in writing, by the Board of Directors of the Association or the Architectural Control Committee.
- k) No garage shall be used for any purpose other than the parking or storage of an Owner’s car. No garage shall be used for the rebuilding of vehicles or for storing of explosives, gasoline or other volatile and/or incendiary materials or devices. Garage doors shall remain closed when not in use.
- I) No boat, camper, trailer, truck, recreational vehicle or other vehicle of a similar type or nature shall be parked or stored in or on any street within the Properties or on Common Areas within these Properties. Such vehicle shall only be stored or parked in those areas of these Properties, if any, designated for storage or parking of such vehicles by the Association’s Board of Directors. Further, no boat, camper, trailer, truck, recreational vehicle or other vehicle of a similar type or nature shall be parked or stored on any Lot, except in the garage area or except within a screened enclosure situated in the rear or side of the dwelling improvement constructed on said lot, which screened enclosure was, prior to its erection, approved by the Association’s Architectural Control Committee.
- m) Damage to any portion of the Common Areas and/or Improvements locatedthereon caused by an Owner or his family or guests shall be paid for by said Owner within thirty (30) days after receipt of a bill from the Association. If said sum is not paid within said thirty (30) day period, then the Association shall be Article V, Section 8 of this Declaration. The term “damage…… shall not include ordinary wear and tear.
- n) The Common Areas shall not be abandoned or subdivided by the Association.
- o) Each owner shall, within nine (9) months from the date such Owner acquires title to his Lot, cause those portions of Lot not occupied by improvements to be landscaped and/or sodded.
- P) Each owner shall keep their front and side yard landscaping in good condition. Grass shall be watered and mowed regularly and not allowed to become dry, overgrown or infested with dandelions or other weeds. Dead branches or entirely dead trees shall be removed. Trees, shrubs or other plantings shall not be allowed to encroach upon the sidewalk so pedestrians are not hindered. Any weeds need to be regularly removed from landscaped or rocked areas. Landscaping shall have a neat, tidy and uncluttered appearance. Decorative items shall be in good taste and condition and not be too numerous. Side yards, where visible from the street or sidewalk, shall not be used for any sort of storage to include (but not limited to) trash cans, recycle containers, lumber, firewood, compost piles, tree branches, bicycles, lawnmowers, automobile parts, and toys.