ARTICLE IX

ARTICLE IX (DOWNLOAD PDF)

USE STANDARDS &am= p; RESTRICTIONS

Section 1. = ; NO TRADE OR BUSINESS: No trade, business, profession, or commercial activity, = or any other non‑

residential use, shall be conducted upon any portion of the PROJECT or within any LOT or UNIT.

Section 2. = ; LEASES: All leases of a UNIT must be in writing and specifically be subject to this DECLARATION, the

ARTICLES and the BY-LAWS, and copies delivered to the ASSOCIATION prior to occupancy= by tenant(s).

Section 3. OUTSIDE STORAGE OF PERSONAL PROPERTY: The personal property of any resident of the PROJECT shall be kept inside the resident's UNIT or a fence or walled-in ya= rd, except for tasteful patio furniture and other personal property commonly ke= pt outside.

Section 4. PORTABLE AND TEMPORARY BUILDINGS: No portable, storage, temporary or accessory build= ings or structures, or tents, shall be erected, constructed or located upon any = LOT for storage or otherwise, without the prior written consent of the ASSOCIAT= ION.

Section 5. GARBAGE AND TRASH: Each OWNER shall regularly pick up all garbage, trash, refuse or rubbish on the OWNER'S LOT. Garbage, tra= sh, refuse or rubbish that is required to be placed at the front of the LOT in order to be collected may be placed and kept at the front of the LOT after S:oo P.M. on the day the scheduled day of collection, and any trash facilities must be removed on the collection day.= All garbage, trash, refuse or rubbish must be placed in appropriate trash facilities or bags. All containers, dumpster or garbage facilities shall be stored inside a UNIT or fenced-in area and screened from view and kept in a clean and sanitary condition. No noxious or offensive odors shall be permit= ted.

Section 6. OIL AND MINING OPERATIONS: No oil drilling, oil development operation, oil refi= ning or mining operations of any kind shall be permitted upon any LOT, nor shall= oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any = LOT. No derrick or other structure designed for use= in boring for oil or natural gas shall be erected, maintained, or permitted up= on any LOT.

Section 7. PETS: No animals, livestock or poultry of any kind shall be raised, bred, or kept= on any LOT, except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. Where pets are permitted, such pets shall be kept on a leash at all times while out-doors.

Section 8. EXTERIOR COLORS: The exterior color of all structures including the roof, walls, fen= ces, if applicable, and other improvements on the LOT shall remain the color initially designated by DEVELOPER; provided, however, that such color may be changed by a LOT OWNER according to Article X, Section 1.=

Section 9. VEHICLE PARKING: No motor vehicles of any type, trailers, recreation vehicles, camp= ers, vans, commercial vehicles, boats, or boat trailers may be parked upon any unpaved portions of the COMMON OPEN SPACE. No trucks, commercial vehicles, recreation vehicles, campers, vans, boats or boat trailers may be parked on= any LOT; provided, however, that such vehicle may be kept in a garage upon a LO= T, if such vehicle fits into such garage, such garage contains a full garage d= oor and such garage door is kept closed. No repair work to any motor vehicle, b= oat trailer shall be conducted on any LOT.

Section 10. EXTERIOR LIGHTING: No LOT OWNER shall install exterior lighting without the ASSOCIAT= ION'S prior written approval.

Section 11. AIR CONDITIONING UNITS: Only central air conditioning units are permitted, and = no window, wall

or portable air condition units are permitted.

Section 12. MAILBOX= ES: No mailbox or paper box or other receptacle of any kind for use in the deliver= y of mail or similar material shall be erected on any LOT= other than the mailbox provided by DEVELOPER or a replacement of same.=

Section 13. FENCING= AND WALLS: The composition, location and height of any fence or wall to be constructed on any LOT shall be subject = to the ASSOCIATIONS prior written approval. The ASSOCIATION shall require the composition of any fence or walls to be consistent with the material used in the surrounding dwelling UNITS and other fences, if any. Proposed screening= for garbage areas and air conditioning equipment shall be indicated on plans submitted to the ASSOCIATION. That the LOT OWNER shall not remove and there= by shall maintain the common fence and planting material adjacent to said fenc= e.

Section 14. CLOTHES= LINES AND OUTSIDE CLOTHES DRYING: No clothesline or clothes pole shall be erected, and no outside clothes drying is permitted, except where such activity is advised or mandated by governmental authorities for energy conservation purposes, in which event the ASSOCIATION shall have the right to approve the portions of any LOT used for outdoor clothes drying purposes and the type of devices to be employed in this regard, which approval must be in writing.

Section 15. NUISANC= ES: No nuisance shall be permitted within the PROJECT, and no use or practice whic= h is an unreasonable source of annoyance to the residents within the PROJECT or which shall interfere with the peaceful possession and proper use of the PROJECT by its residents shall be permitted. No unreasonably offensive of unlawful action shall be permitted and all laws, zoning ordinances and regulations of all controlling governmental authority shall be complied wit= h at all times by the OWNERS.

Section 16. OUTSIDE ANTENNAS: No outside signal receiving or sending antennas, dishes or devices are permitted. The foregoing shall not prohibit any antenna or signal-recei= ving dish owned by the ASSOCIATION, which serves the entire PROJECT.<= /span>

Section 17. SI= GNS: No signs, except "FOR SALE" or `FOR LEASE" sings lot larger = than 18" by 24" inches shall be placed upon any UNIT which are visible from the exterior of the UNIT.

Section 18. WINDOW TREATMENTS: Window treatments shall consist of drapery, blinds, decorative panels, or other tasteful window covering, and no newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for perio= ds not exceeding one week after an OWNER or tenant first moves into a UNIT or = when permanent window treatment are being cleaned or repaired.=

Section 19 SU= RFACE WATER MANAGEMENT: No OWNER or any person shall do anything to adversely aff= ect the surface water management and drainage of the PROJECT without the prior written approval of the ASSOCIATION and any controlling governmental author= ity, including but not limited to, the excavation or filling in of any lake or a= ny portion of the PROJECT, provided the foregoing shall not be deemed to prohi= bit or restrict the initial construction of improvements upon the PROJECT by DEVELOPER or by the DEVELOPER of any portion of the PROJECT in accordance w= ith permits issued by controlling governmental authorities. No individual water supply system shall be permitted on any LOT except for irrigation purposes or for swimming pools.

Section 20. WELLS A= ND SEPTIC TANK: No individual wells will be permitted on any LOTS within this PROJECT, and no individual septic tank will be permitted on any LOT within this PROJECT. This restriction will be enforceable as long as the water services and sewage disposal are in operat= ion, satisfactory servicing each LOT on which a completed building is located in said PROJECT in accordance with the standard requirements as provided by the Sate Board of Health Regulation and the charge for said service, as set for= th in the rate schedule in the third Party Beneficiary Agreement placed of rec= ord, covering said utilities, is not in excess of the amount provided for therei= n or as modified and changed in accordance with legal procedure in the future.

Section 21. VISIBIL= ITY IN CORNER LOTS: Notwithstanding anything to the contrary in these restrictions= , no obstruction or visibility at street intersections shall be permitted and su= ch visibility clearances shall be maintained as required by the Department of Public Works.

Section 22. BARBECU= ES: Barbecues may be located or permitted upon the back patio or yard of a UNIT= and upon such portions or the COMMON OPEN SPACE as rare, from time to time, designated by the ASSOCIATION; provided, however, that barbecuing shall be subject to such rules and regulations as may be promulgated from time to ti= me by the BOARD.

Section 23. REMOVAL= OF SOD AND SHRUBBERY; ADDITIONAL PLANTING: No sod, topsoil, trees or shrubbery shall be removed from the PROJECT, no change in the elevation of such areas shall be made and no change in the condition of the soil or the level of the land of such areas shall be made which results in any permanent change in t= he flow and drainage of surface water which the BOARD, in its sole discretion, considers detrimental; provided, however, that OWNERS may place additional plans, shrubs or trees upon their respective LOTS subject to the approval by the BOARD or its appointed Architectural Control Committee.

Section 24. INCREAS= ES AND INSURANCE RATES: No OWNER may take any action, which will result in an incr= ease in the rate of insurance policy or policies covering any portion of the PROJECT.

Section 25. CASUALT= IES: In the event that a UNIT or any part thereof is destroyed by casualty or ot= herwise, or in the event any improvements upon the COMMON OPEN SPACE are damaged or destroyed by casualty or otherwise, the OWNER thereof or the ASSOCIATION, as the case may be, shall promptly clear all debris resulting there from and (subject to the duties and obligations of the ASSOCIATION), commence either= to rebuild or repair the damage improvements in accordance with the terms and provisions of this DECLARATION.

Section 26. RECONST= RUCTION: Any repair, rebuilding or reconstruction on account of casualty or other da= mage to any COMMON OPEN SPACE or any part or parts thereof, shall be substantial= ly in accordance with the plans and specifications for such property and areas= as originally constructed or with new plans and specifications approved by the= BOARD or its appointed Committee. Any repair, rebuilding or reconstruction on acc= ount of casualty or other damage to any UNIT or any part or parts thereof shall = be substantially in accordance with the plans and specifications for such prop= erty and areas as originally constructed or the new plans and specifications approved by the BOARD or its appointed Committee, and the OWNER for such UN= IT.

Section 27. RULES &= amp; REGULATIONS: The ASSOCIATION may adopt additional reasonable rules and regulations relating to the use and maintenance of the PROJECT, and rules a= nd regulations relating to the recreational facilities within the PROJECT may = be posted at such recreational facilities. The ASSOCIATION shall furnish copie= s of such rules and regulations and amendments to an OWNER upon request.

Section 28. WAIVER:= The ASSOCIATION shall have the right to waiver the application of one or more of these restrictions, or to permit a deviation from these restrictions, as to= any LOT where, in the discretion of the BOARD, circumstances exist which justify such waiver or deviation. In the event of any such waiver or permitted deviation, or in the event any party fails to enforce any violation of these restrictions, such actions or inactions shall not be deemed to prohibit or restrict the right of the ASSOCIATION, or any other person having the right= to enforce these restrictions, from insisting upon strict compliance with resp= ect to all other LOTS, nor shall any such actions be deemed a waiver of any of = the restrictions contained herein as may be applied in the future. Not withstan= ding the foregoing, so long as DEVELOPER owns any LOT, if any waiver or deviatio= n of any restriction requires the consent of the ASSOCIATION, such consent shall= be obtained from DEVELOPER and not from the ASSOCIATION, unless DEVELOPER voluntarily relinquishes this right at an earlier date.

Section 29. EXCEPTI= ONS: The foregoing use and maintenance restrictions shall not apply to a DEVELOP= ER, or to any portion of the PROJECT while owned by DEVELOPER, and shall not be applied in a manner which would prohibit or restrict the development or any portion or the PROJECT and the construction of any UNITS and other improvem= ents thereon, or any activity associated with the sale of any new UNITS by DEVEL= OPER Specifically, and without limitation, DEVELOPER shall have the right to:

Construct any buildings or improvements within the PROJECT, and make any additions, alterations, improvements, or changes thereto.

Maintain customary and usual sales, general office and construction operations on the PROJECT.

Place, erect or construct portable, temporary or assessor buildings or structures = upon the PROJECT for sales, constructions, storage or other purposes.=

Temporarily deposit, dump, accumulate materials, trash, refuse and rubbish in connection with the development or construction of the PROJECT.

Post display, inscribe or affix to the exterior of a UNIT or upon the PROJECT, s= igns and other materials used in developing, construction, selling or promoting = the PROJECT.

ARTICLE X (DOWNLOAD PDF)=

ARCHITECTURAL CON= TROL

Section i. &nbs= p; APPROVAL: No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties nor shall any exterior addition or change or= alteration therein, including a change of the building exterior paint color, be made within the individual's lot line or property line until the plan and specification showing the nature, kind, shape, height, materials and locati= on of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to the surrounding structures and topography by the BOARD, or by an architectural control committee composed of three (3) or more representatives appointed by the BO= ARD (hereinafter referred to as "Committee"). In the event said BOARD= or its designated Committee fails to approve or disapprove such design and location within thirty (3o) days after said plan and specification have been submitted to it, approval will not be required and this Article will be dee= med to have been fully complied with. Nothing contained herein shall relieve the OWNER from the responsibility of obtaining proper governmental approvals and permits.

Section 2. NO LIABILITY: The ASSOCIATION or the designated Committee shall not be liable = to any OWNER in connection with the exercise or non-exercise of architectural control hereunder, or the approval or disapproval or any alteration, additi= on, improvement, or change. Furthermore, any approval of any plans or specifications by the ASSOCIATION or its designated Committee shall not be deemed to be a determination that such plans or specifications are complete= or do not contain defects, or in fact meet any standards, guidelines and/or cr= iteria or the ASSOCIATION, or are in fact architecturally or aesthetically appropriate, or comply with any applicable governmental requirements, and t= he ASSOCIATION or its designated Committee shall not be liable for any deficie= ncy, or any injury resulting from any deficiency, in such plans and specificatio= ns.

Section 3. REMEDY FOR VIOLATIONS: In the event this ARTICLE X is violated in that alteration, addition, improvement or changes made without first obtaining the approval = of the ASSOCIATION or its designated Committee or is not made in strict conformance with any approval granted by the ASSOCIATION or its designated Committee, t= he ASSOCIATION or its designated Committee shall specifically have the right to injunctive relief to require the OWNER to stop, remove, and/or alter any alteration, addition, improvement, or change in a manner which complies with the requirements of the ASSOCIATION or its designated Committee, or the ASSOCIATION or its designated Committee may pursue any other remedy availab= le to it. In connection therewith, the ASSOCIATION or its designated Committee shall have the right to enter onto any LOT and make any inspection necessary to determine that the provisions of this paragraph have been complied with. Any action to enforce this Section must = be commenced within one (1) year after the date of the violation. The foregoing shall be in addition to any other remedy set forth herein for violations of this DECLARATION. Notwithstanding anything contained within this DECLARATIO= N to the contrary, the ASSOCIATION or its designated Committee shall have the exclusive authority to enforce the provisions of the paragraph.<= /span>

Section 4. ARCH1TECTURAL CONTROL VESTED IN DEVELOPER Notwithstanding the foregoing, so long as DEVEL= OPER owns any LOT, UNIT, or any portion of the PROJECT, architectural control sh= all be vested in DEVELOPER and not the ASSOCIATION and during such period all references contained in the subparagraph to the ASSOCIATION shall be deemed= to refer to DEVELOPER provided, however, that at anytime DEVELOPER may assign = its rights of architectural control to the ASSOCIATION by a written assignment.=