Covenant Ballot

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ARTICLE I - LAND USE AND STRUCTURE TYPE

All lots and parcels in the Development shown on the recorded plats hereinabove referred to are hereby designated single-family residential as to their permissible uses.

A. SINGLE-FAMILY RESIDENTIAL

No lot shall be used except for single family residences and out-buildings or structures approved by the Architectural Control Committee. Authorized structures may include barns, storage or garden buildings, greenhouses, gazebos, or garages/carports. Such structures may not be used for commercial purposes or constructed prior to beginning construction on the dwelling. Otherwise, no building shall be erected, altered, placed or permitted to remain on any lot designated as a single-family residential lot other than one (1) detached, single-family dwelling, not to exceed two and one-half (2 1/2) stories in height, together with a porch, terrace and a private garage or carport.

B. BUSINESS OR COMMERCIAL USE

Except for "home occupation" as defined below, no commercial or industrial enterprise, undertaking or use is permitted.

A "home occupation" is allowed with the written consent of the Board. A "home occupation" is a use of a residence by an owner-occupant wherein not more than 25% of the floor space is dedicated to business use and there is no traffic, noise, or odor generated by the business.

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C. PROPERTY RENTAL

The prohibition against commercial use does not apply to renting of property. However, all of the terms of the covenants also apply to renters.

In addition, the following provisions apply.

The owner or the owner's property manager is responsible for informing renters of the provisions of the covenants.

The owner is responsible for providing the board with contact information. Failure to respond to problems in a timely manner may result in loss of the right to rent.

The following specific prohibitions apply.
--- No excessive noise.
--- No outdoor fires.
--- No use of ATVs.
The board or the owner may impose additional prohibitions.

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If you approve the addition to allow property rental, then consider an addition to control short term rentals. Enter a number "1" for your first choice. Enter "2" and "3" for your second and third choices. Second and third choices will be used only if no option receives a majority of first choices.

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If you approve the addition to allow property rental, then consider an addition to require the owner to be available to respond to problems. Enter a number "1" for your first choice and a "2" for you second choice. The second choice will be used only if no option receives a majority of first choices.

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If you approve the addition to allow property rental, then consider an addition to require the owner to be subject to an additional assessment.

Lots containing rental property shall be assessed at double the rate of lots with owner occupied homes.

 

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ARTICLE VI - LIVESTOCK AND POULTRY

No animal, 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 bred or maintained for commercial purposes and provided that they do not cause or create a nuisance.
The breach of any of these restrictions, obligations and duties shall be a noxious and offensive activity constituting a private nuisance.

ARTICLE VI - ANIMALS

 

Members may have dogs, cats or other household pets, provided they are not kept, bred, or maintained for any commercial purpose. Household pets shall be restricted to an owner's lot unless on a leash, shall not be allowed to roam at large, and shall be constrained from excessive barking or other disturbances. Any pet wastes must be removed. No other animals, livestock or poultry of any kind shall be raised, bred or kept on any lot.

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ARTICLE TBD - HUNTING AND FIREARMS

Hunting or trapping by individuals, or the harassing of animals, fowl, or game is prohibited.

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ARTICLE XXIII - ENFORCEMENT

 

These covenants may be enforced by the Association, and by the owners or lessees of any lots which are subject to the provisions of these covenants. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages, or both. The Association encourages the use of mediation and or arbitration to resolve disputes. If a dispute against the Association is resolved substantially in favor of the Association, the other party shall be liable to the Association for reasonable attorney fees.

 

Enforcement of these covenants is accomplished through a four point plan.

 

First, members are encouraged to talk to each other and solve their problems.

 

On failure to resolve a problem, an enforcement procedure is opened when a member in conflict files a written complaint with the board. The board will appoint a mediator and specify a time to complete a resolution of the problem.

 

On failure of mediation, the board will impose a solution and specify a time to completion.

 

As a last resort, the board may levy a fine of up to $100 per month for ongoing problems or up to $100 per occurrence for event based problems. Unpaid fines are subject to liens as described in the collection of assessments.

The previous plan does not prevent the association or members from using proceedings at law to restrain violation or recover damages. If a dispute against the Association is resolved substantially in favor of the Association, the other party shall be liable to the Association for reasonable attorney fees.

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This ballot option does not authorize any change to the substance of the covenants. It does authorize a change in the order of presentation and a renumbering and renaming of articles.