COVENANT
COMPLIANCE ASSURANCE PROCESS FOR KCCA
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Our
process is to send you a Courtesy Notice of any observations
initially found on your property which is a reminder to you
regarding a violation. (This is
without imposing a fine).
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Our
next approach is to send a Fine Warning Notice regarding the
initial violation event or issue, (which is without
imposing a fine) to give you the member the opportunity
to correct any infractions that the Covenants Committee is
identifying.
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Our
final approach is to issue a Fine
regarding the initial violation event or issue that will be
assessed to you at your expense for none compliant efforts.
It is
not the Covenant Committee intent to fine our members, but help
them become compliant with all community covenants. This is why
we give our members the benefit of the doubt to correct any and
all violations on their lots.Please know that we may have other
infractions within our community and because of the workload and
less volunteer efforts, our process have been slow. We are in
need of Covenant Enforcement Volunteers to help us address violations
in a timely manner.
Each owner/s are responsible for any and all possible
violations within their lots.
Please understand that the responsibility of the Covenant Committee
is to identify property violations and help members reach full
compliance.
KENSINGTON
COURTS COMMUNITY ASSOCIATION, INC.
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION dated
OCTOBER 18, 1994, by KENINGTON
COURTS LIMITED LIABILITY COMPANY, (the “Company”)
R E C I T A L S
A. The
Company owns a 11.6895 acre tract of land more or less located
in Cecil County, Maryland. The tract (hereinafter referred to
as “the Property”) consists of a portion of the land
described in a Deed dated September 15, 1993, between Kensington
Development Limited Partnership, Grantor, and Kensington Courts
Limited Liability Company, Grantee and recorded among the Land
Records of Cecil County at N.D.S. 453, Folio 477, and said portion
being more particularly described in exhibit A, which is incorporated
herein and made a part hereof, together with all improvements
thereon and all appurtenances thereto.
B. The
Company desires to subject the Property and the lots located therein
(the “Lots”), to the Covenants, Conditions and Restrictions
set forth below which are for the purpose of protecting the value
and desirability of the Property and the Lots, and are for the
purpose of distributing among the Lot Owners the cost of maintaining
and operating the Common Areas located within the Property, and
any improvements constructed thereon.
C. The
Company hereby declares that the Property shall be held, sold
and conveyed subject to the Covenants, Conditions and Restrictions
set forth below.
ARTICLE
I
DEFINITIONS
(a) “Association”
means the Kensington Courts Community Association, Inc., a Maryland
nonstock, nonprofit corporation, its successors and assigns.
(b) “Common
Area” means those areas of land, designated on the recorded
subdivision plats of the Property as “open space,”
intended to be owned by the Association and devoted to the common
use and enjoyment of the owners of the Lots.
(c) “Company”
means Kensington Courts Limited Liability Company and any successor
or assign thereof to whom Kensington Courts Limited Liability
Company shall convey or otherwise transfer all of the rights,
title and interest in the Property then owned by it, and to whom
Kensington Courts Limited Liability Company shall expressly transfer,
and assign all of its rights, title and interest under this Declaration,
or any amendment or modification thereof.
(d) “Owner”
means the person, or legal entity, or the combination thereof,
including contract sellers, holding the record fee simple or perpetually
renewable leasehold title to a Lot in the Property, as the Lot
is now or may from time to time hereafter be created or established.
If more than one person, or other legal entity or any combination
thereof, holds the record title to any Lot, all of them shall
be deemed a single record owner and shall be a single member of
the Association by virtue of their ownership of the Lot. The term
“Owner” shall not mean any contract purchaser, nor
shall it include any mortgagee or other person or legal entity
holding an interest in a Lot as security for the performance of
an obligation.
(e) “Property”
means all of the land designated and identified in Exhibit A to
this Declaration and such additional land as may be subjected
to this Declaration under the provisions of Article II below.
(f) “Covenant
Committee” means a committee composed of three (3) or more
representatives appointed by the Board of Directors of the Association.
ARTICLE
II
PROPERTY
SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO
SECTION
1
All
the land shown in Exhibit A shall be transferred, held,
sold, conveyed, and occupied subject to this Declaration.
SECTION
2
Additional
lands may be subjected to this Declaration in the
following manner:
(a) The
Company, its successors, and assigns, shall have the right for
ten (10) years from the date of this Declaration to bring within
the operation and effect of this Declaration additional land or
developments. If the U.S. Department of Housing and Urban Development
(HUD), the Veterans Administration (VA), the Federal Housing Administration
(FHA) or any successor agencies approve the Property or any parts
thereof or any Lots thereon for federally approved mortgage financing
purposes, any annexation of additional properties, made during
any period of time when there are Class B members of the Association,
shall require the prior consent of HUD, FHA, or VA.
The additions
authorized under this Section 2 (a) shall be made by recording
among the Land Records of Cecil County a supplement to this Declaration,
which need be executed only by the Company and the owner of such
additional land if the Company is not the Owner thereof, which
shall describe the additional land and state that it is subject
to this Declaration. The additions authorized by this Section
2 (a) shall not require the approval of the Association.
(b) Upon
the written approval of the Association after
the Association has attained the assent of the holders of two-thirds
(2/3) of the votes of each class of members present in person
or by proxy at the meeting at which the vote is taken, the owner
of any land who desires to subject it to the operation and effect
of this Declaration may do so by recording among the aforesaid
Land Records a supplement to this Declaration describing the additional
land and stating that it is subject to this Declaration.
Any such Supplement to this Declaration may contain such complementary
additions and modifications of the Covenants, Conditions, and
Restrictions contained herein as may be necessary to reflect the
different character, if any, of the added Property, provided they
are not inconsistent with this Declaration. In no event, however,
shall the supplement to this Declaration revoke, modify, or add
to the Covenants, Conditions, and Restrictions established by
this Declaration insofar as they pertain to the Property as the
same exists prior to the supplement.
(c) Additional
land within the area described in the Deed dated September 15,
1993, between Kensington Development Limited Partnership, Grantor,
and Kensington Courts Limited Liability Company, Grantee, and
recorded among the Land Records of Cecil County at N.D.S. 453
Folio 477, may be annexed by the Company without the consent of
Members within ten (10) years of the date of this Declaration
provided that the FHA and the VA determine that an annexation
is in accord with the general plan heretobefore approved by them.
ARTICLE III
MEMBERSHIP
AND VOTING RIGHTS IN THE
ASSOCIATION
SECTION
1
Every
Owner of a Lot shall be a member of the Association. Membership
shall be appurtenant to and may not be separated form the ownership
of the Lot. Each Lot owner has the right to enforce the covenants.
SECTION
2
The Association
shall have two classes of voting membership:
Class
A: Class A Members shall be all Owners with the exception of the
Company and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such
persons shall be members; however, for purposes of a quorum they
shall be treated as a single member. The votes for such Lot shall
be exercised as they determine, but in no event shall more than
one vote be cast with respect to any Lot.
Class
B: The Class B Member(s) shall be the Company and shall be entitled
to three votes for each Lot owned. The Class B Membership shall
cease and be converted to Class A Membership on the happening
of either of the following events, whichever occurs earlier:
(a) seventy-five
percent (75%) of the units are deeded to homeowners; or
(b) on
the tenth (10th) anniversary of the date of the Declaration.
Provided,
however, the Class B Membership shall be revived (and the Company
shall again be entitled to three votes for each Lot owned by the
Company) during any periods of time occurring before the tenth
(10th) anniversary of the date of the Declaration, when by reason
of the annexation of additional land as a part of the Property
additional Lots owned by the Company exist which, when added to
the other Lots then owned by the Company, would result in the
Company having more than fifty percent (50%) of the votes of the
Association were the Company to have three votes for each Lot
owned by the Company instead of only a single vote for each Lot
owned by the Company.
ARTICLE IV
COMMON
AREA
SECTION
1
The Company
shall grant and convey to the Association, and the latter shall
take and accept from the Company, the Common Areas shown on a
subdivision plat, recorded among the Land Records of Cecil County
in Plat Book 13, Folio 74, which is subject to this Declaration,
not later than the date the first Lot shown on the subdivision
plat which is improved by a dwelling is conveyed to an Owner or
immediately prior to HUD’s insurance of the first mortgage
whichever event first occurs. At the time of the conveyance the
Common Area shall be free of any mortgages, judgment liens, or
similar liens or encumbrances.
The Association
shall hold the Common Area conveyed to it subject to the following:
(a) The
reservation, to the Company, its successors, and assigns, of the
storm water management pond, of the beds, in fee, of all streets,
avenues, and public highways shown on the subdivision plat which
includes the Common Area so conveyed.
(b) The
reservation to the Company, its successors, and assigns, of the
right to lay, install, construct, and maintain, on, over, under,
or in those strips across land designated on the subdivision plat,
as “Drainage and Utility Easement”, “Sewer Easement”,
“Drainage and Sewage Easement”, “Open Space”,
and “Area Reserved for Future Road”, or otherwise
designated as an easement area, or on, over, under, or in any
portion of any Common Area, pipes, drains, mains, conduits, lines,
and other facilities for water, storm sewer, sanitary sewer, gas,
electric, telephone, cable television lines, and other public
utilities or quasi-public utilities deemed necessary or advisable
to provide adequate service to any Lot now or hereafter laid out
or established on the Property, or the area in which the same
is located, together with the right and privilege of entering
upon the Common Area for such purposes and making openings and
excavations therein.
(c) The
reservation to the Company, its successors, and assigns, of the
right to enter upon any Common Area conveyed to the Association
for the purpose of construction or completing the construction
of improvements and the landscaping of the Common Area.
(d) The
reservation to the Company, its successors, and assigns, of the
right to continue to use and maintain any storm water management
ponds and any sediment control ponds or facilities located on
any Common Area conveyed to the Association.
SECTION
2
The Common
Areas conveyed to the Association shall be deemed property and
facilities for the use, benefit, and enjoyment, in common, of
each Owner which is appurtenant to the title to the Lot. Except
as otherwise permitted by the provisions of this Declaration,
no structure or improvement of any kind shall be erected, placed
or maintained on any Common Area except: (i) structures or improvements,
including, without limiting the generality of the foregoing, shelters,
benches, chairs, or other seating facilities, fences and walls,
hiking trails, walkways, roadways, playground equipment, swimming
pools, and tennis courts; and (ii) drainage, storm water, and
utility systems and structures. The Common Areas may be graded,
and trees, shrubs, or other plants may be placed and maintained
thereon for the use, comfort, and enjoyment of the Owners, or
the establishment, retention, or preservation of the natural growth
or topography of the Common Areas, or for aesthetic reasons. No
portion of any Common Area may be used exclusively by any Owner
for personal gardens, storage facilities, or other private uses
without the prior written approval of the Association.
SECTION
3
No noxious
or offensive activity shall be carried on upon any Common Area
nor shall anything be done thereon which will become an annoyance
or nuisance to the neighborhood.
SECTION
4
The Association
shall improve, develop, supervise, manage, operate, examine, inspect,
care for, repair, replace, restore, and maintain the Common Areas
as from time to time improved, together with any items of personal
property placed or installed thereon, all at its own cost and
expense.
SECTION
5
The right
of each Owner to use the Common Areas shall be subject to the
terms, conditions, and provisions as set forth in this Declaration
and, to any rule or regulation now or hereafter adapted by the
Association for the safety, care, maintenance, good order, and
cleanliness of the Common Areas. All such terms, conditions, provisions,
rules, and regulations shall inure to the benefit of and be enforceable
by the Association and the Company, or either of them, their respective
successors and assigns, against any Owner, or any other person,
violating, or attempting to violate the same, either by an action
at law for damages or a suit in equity to enjoin a breach or violation,
or to enforce performance of any term, condition, provision, rule
or regulation. The Association and the Company shall each have
the right, summarily, to abate and remove any breach or violation
by any Owner at the cost and expense of the Owner.
SECTION
6
If ingress
or egress to any Lot is through the Common Area, any conveyance
or encumbrance of such area is subject to Lot owner’s easement.
ARTICLE
V
PROPERTY
RIGHTS IN THE COMMON AREAS
SECTION
1
The Company
shall hold, and hereafter grant and convey the Lots, subject to
the covenants, conditions, and restrictions herein set forth,
which are imposed upon the Lots for the benefit of the Company,
the Association and the Owners, and their respective personal
representatives, successors and assigns, to the end and intent
that each Owner hold his Lot subject to the following:
Each
Owner, in common with all other Owners, shall have the right and
privilege to use and enjoy the Common Areas for the purposes for
which the same were designed. This right and privilege shall be
appurtenant to and pass with the title to the Lot. The right to
the use and enjoyment of all Common Areas shall be subject to:
(i) the right of the Association to charge reasonable admission
and other fees for use of facilities within the Common Areas;
and (ii) the right of the Association to suspend the voting rights
and rights to use the Common Areas by a Owner (a) for any period
in which any assessment against his Lot remains unpaid, or (b)
for a period not to exceed sixty (60) days for any infraction
of published rules and regulations of the Association.
SECTION
2
Any Owner
may delegate, in accordance with Bylaws of the Association, his
right to the use and enjoyment of the Common Areas, and any facilities
thereon, to the members of his family, his tenants, or to contract
purchasers who reside on his Lot.
SECTION
3
Each
Owner shall fully and faithfully comply with the rules, regulations,
and restrictions applicable to use of the Common Areas, as these
rules, regulations, and restrictions are from time to time adopted
by the Association for the safety, care, maintenance, good order,
and cleanliness of the Common Areas. Each Owner shall comply with
the covenants, agreements, and restrictions imposed by this Declaration
on the use and enjoyment of the Common Area.
SECTION
4
The rights,
privileges, and easements of the Owners are at all times subject
to the right of the Association or Company to dedicate or transfer
the storm water pond and all or any part of any Common Area to
any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed upon by the Association
or Company; provided, however, that no such dedication or transfer
shall be effective unless approved by a two-thirds (2/3) vote
of each class of members of the Association voting in person or
by proxy at a meeting called for such purpose, and the same shall
have been consented to by the agency, authority, or utility accepting
the dedication or transfer. Any dedication made during any period
of time when there are Class B members of the Association shall
require the prior consent of HUD, FHA, or VA.
The Common
Area shall not be mortgaged by the Association unless approved
by a two-thirds (2/3) vote of the lot owners voting in person
or by proxy at a meeting called for such purpose excluding the
developer.
ARTICLE
VI
COVENANT
FOR ASSESSMENT
SECTION
1
The Company,
for each Lot owned by it within the Property, hereby covenants,
and each Owner, by acceptance of a deed hereafter conveying any
such Lot to him, whether or not so expressed in the deed or other
conveyance, shall be deemed to have covenants and agreed to pay
the Association (i) annual assessments or charges; and (ii) special
assessments or charges for capital improvements, such annual and
special assessments and charges to be established and collected
as hereinafter provided. The annual and special assessments or
charges, together with interest at the rate of six percent (6%)
per annum accruing from their due date until payment is made,
and the costs of collection thereof and reasonable attorney’s
fees, shall be a charge on, and continuing lien upon each Lot
against which an assessment is made. Each assessment or charge,
together with interest at the rate of six percent (6%) per annum
accruing as aforesaid, and costs and reasonable attorney’s
fees incurred or expended by the Association in the collection
thereof, shall also be the personal obligation of the Owner of
the Lot, and the Association may bring an action of law against
the owner. The personal obligation for any delinquent assessment
or charge, together with interest, costs, and reasonable attorney’s
fees, however, shall not pass to the Owner’s successors
in title, unless expressly assumed by them. Failure to pay assessment
does not constitute a default under an insured mortgage.
SECTION
2
The assessments
and charges levied by the Association shall be used exclusively
for promoting the recreation, health, safety, and welfare of the
residents of the Property, and in particular for the improvement,
operation, and maintenance of the Common Areas, including, but
not limited to, the payment of taxes (except to the extent that
proportionate shares of such public charges and assessments on
the Common Areas may be levied against all Lots on the Property
by the tax collecting Authority so that the same are payable directly
by the Owners thereof, in the same manner as real property taxes
assessed or assessable against the Lots) and insurance thereon.
SECTION
3
Until
December 31st of the year in which the first Common Area is conveyed
to the Association, the annual assessment shall be $75.00 per
Lot which shall be the maximum annual assessment for that year.
The Board
of Directors of the Association will recommend to the members
an annual assessment against each Lot. Such recommendation will
be submitted to a vote of the membership of the Association for
approval and must be approved by a majority of the votes of each
class of the membership. In the event that an annual assessment
is not approved by the membership of the Association, the annual
assessment from the previous year will remain in effect.
Notwithstanding
anything elsewhere set forth herein, no annual assessments or
changes shall be made or levied against any Lot of which the Company
is the Owner on January 1st of the year to which the assessment
pertains, until an occupancy permit has been issued for any dwelling
erected in the Lot at which time the annual assessment shall equal
twenty-five percent (25%) of the annual assessment or charge made
levied against any other Lot on the Property, it being intended
that the Company shall not pay more, or less, than twenty-five
percent (25%) of the per Lot annual assessment established by
the Association under this section. No annual assessment shall
be owed by the Company for a Lot with a model or spec home.
SECTION
4
In addition
to the annual assessments authorized above, the Board of Directors
of the Association may levy in any year, a special assessment,
applicable for that year only, for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction,
repair, or replacement of any capital improvement located on any
Common Area, including fixtures and personal property related
thereto, provided that such assessment shall first be approved
by two-thirds (2/3) of the votes of each class of the members
of the Association, voting in person or by proxy at a meeting
called for such purpose.
SECTION
5
Except
as provided in Section 3 of this Article, and in Section 7 of
this Article, annual assessments must be fixed at a uniform rate
for all Lots.
SECTION
6
Written
notice of any meeting of members of the Association called for
the purpose of taking any action authorized under Section 3 or
4 of this Article shall be sent to all members not less than thirty
(30) days, nor more than sixty (60) days, in advance of the meeting.
At the first meeting, the presence of members, or of proxies,
entitled to cast sixty percent (60%) of all of the votes of each
class of members entitled to be cast at the meeting shall be necessary
and sufficient to constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same
notice requirements, and the required quorum at any subsequent
meeting shall be one-half (1/2) of the required quorum at the
preceding meeting, provided that no subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
SECTION
7
The annual
assessments shall commence on the first day of the month following
the first conveyance of a Common Area to the Association. The
first annual assessment shall be made for the balance of the calendar
year and shall become due and payable on the date fixed for the
commencement. The amount of the assessment for the first year
shall be an amount which bears the same relationship to the annual
assessment provided for in the first sentence of Section 3 of
this Article as the remaining number of months in that year bear
to twelve. The same reduction in the amount of the annual assessment
shall apply to the first assessment levied against any property
which is hereafter added to the Property at a time other than
the beginning of any calendar year.
The annual
assessments for any year after the first year shall be on a calendar
year basis and become due and payable on the first day of March
of that year. Mortgagees are not required to collect assessments.
The due
date under any special assessment under Section 4 shall be fixed
in the resolution authorizing the special assessment; however,
such due date shall be at least forty-five (45) days after the
date of such resolution.
SECTION
8
The Board
of Directors of the Association shall fix the date of commencement
and the amount of the annual assessment against each Lot for each
assessment period at least one month in advance of the due date
for the payment thereof and shall, at that time, prepare a roster
of the Lots and assessments applicable thereto which shall be
kept in the office of the Association and shall be open to inspection
by any Owner.
SECTION
9
The lien
of the assessments provided for herein shall be subordinate to
any mortgage or deed of trust hereafter placed upon the Lot subject
to assessment; provided, however, that the sale or transfer of
any Lot pursuant to mortgage or deed of trust foreclosure, or
any proceeding in lieu thereof, shall only extinguish the lien
of such assessments as to payments which became due prior to such
sale or transfer. Such sale or transfer shall not relieve the
Lot from liability for any assessments thereafter becoming due,
nor from the lien of any such subsequent assessment.
No Owner may waive or otherwise escape liability for the assessments
provided for herein by nonuse of the Common Areas or abandonment
of his Lot.
ARTICLE VII
REPAIR
AND MAINTENANCE OF LOTS; COMPLIANCE
The owner
of each Lot shall keep the Lot, and the buildings and other improvements
thereon, in good order and repair, and free of debris. Lawns shall
be seeded and mowed at a height of 6” or less, shrubbery
trimmed, and painted exterior surfaces repainted, all in a manner
and with such frequency as is consistent with good property management.
In the event the Owner of a Lot shall fail to maintain the Lot
and the buildings and other improvements thereon as provided herein,
the Association, after notice to the Owner and with the approval
of the Board of Directors, shall have the right to enter upon
the Lot to perform such work as is reasonably required to restore
the Lot and the buildings and other improvements thereon to a
condition of good order and repair as well as the right to remove
garbage and other debris from a Lot. All costs including legal
fees incurred by the Association in connection with the restoration
shall be reimbursed to the Association by the Owner of the Lot,
upon demand. All unreimbursed costs shall be a lien upon the Lot
until reimbursement is made. The lien may be enforced in the same
manner as a lien for an unpaid assessment levied in accordance
with Article VI of this Declaration.
In the
event the Owner of a Lot fails to comply with a provision of this
Declaration or engages in a prohibited use, all costs including
legal fees incurred by the Association in connection with obtaining
compliance with this Declaration shall be reimbursed by the Owner
to the Association upon demand. All unreimbursed costs shall be
a lien upon the Lot until reimbursement is made. The lien may
be enforced in the same manner as a lien for an unpaid assessment
levied in accordance with Article VI of this Declaration.
ARTICLE
VIII
ARCHITECTURAL
CONTROL
SECTION
1
Architectural
Change Approval. No building, fence, wall, mailbox or other structure
shall be commenced, erected or maintained upon the Property, nor
shall any exterior addition to or change or alteration therein
be made (including, but not limited to, changes in color, changes
or additions to driveways, or walkway surfaces and landscaping
modifications) until the plans and specifications showing the
nature, kind, shape, height, materials, and location of the same
shall have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding structures
and topography by the Board of Directors of the Association, or
by a covenant committee composed of three (3) or more representatives
appointed by the Board of Directors of the Association (“Covenant
Committee”); provided, however, that the Company has the
right to appoint the members of the Covenant Committee until such
time as the Class B membership ceases to exist. In the event said
Board, or its designated committee, fails to approve or disapprove
any design and location within thirty (30) days after the plans
and specifications for such design and location have been submitted
to it, approval will not be required and this Article will be
deemed to have been fully complied with. Design and location approval
by the Covenant Committee or by the Board shall in no way be construed
as to pass judgment on the correctness of the location, structural
design, suitability of water flow or drainage, location of utilities,
or other qualities of the item being reviewed. The Board or the
Covenant Committee shall have the right to charge a reasonable
fee for reviewing each application in an amount not to exceed
the costs actually incurred by the Board or the Covenant Committee.
Any exterior addition to or change or alteration made without
application having first been made and approval obtained as provided
above shall be deemed to be in violation of this covenant and
the addition, change or alteration may be required to be restored
to the original condition at the Owner’s cost and expense.
In any event, no such exterior addition to or change or alteration
shall be made without approvals and permits therefore having first
been obtained by the Owner from the applicable public authorities
or agencies. In addition, no charges, alterations or additions
may be constructed which are not in compliance with local governmental
guidelines or restrictions. Notwithstanding any provision of this
Declaration to the contrary, the provisions of this Article VIII
shall not be applicable to the Company or any part of the Property
owned by the Company.
SECTION
2
Initiation
and Completion of Approved Changes. Construction or alterations
in accordance with plans and specifications approved by the Board
of Directors or the Covenant Committee pursuant to the provisions
of this Article shall be commenced within three (3) months of
such approval and completed within (6) months of such approval.
In the event construction is not commenced within the period aforesaid,
then approval of the plans and specifications shall be conclusively
deemed to have lapsed and compliance with the provisions of this
Article shall again be required. There shall be no deviations
from plans and specifications approved by the Board of Directors
or the Covenant Committee without the prior consent in writing
of the Board of Directors or the Covenant Committee. Approval
of any particular plans and specifications or design shall not
be construed as a waiver of the right of the Board of Directors
or the Covenant Committee to disapprove such plans and specifications,
or any elements or features thereof, in the event such plans and
specifications are subsequently submitted for use in any other
instance.
SECTION
3
Certificate
of Compliance. Upon completion of any construction or alterations
or other improvements or structures in accordance with plans and
specifications approved by the Board of Directors or the Covenant
Committee in accordance with the provisions of this Article, the
Board or the Covenant Committee shall, at the request of the Owner
thereof, issue a certificate of compliance which shall be prima
facie evidence that such construction, alteration or other improvements
referenced in such certificate have been approved by the Board
or the Covenant Committee in full compliance with the provisions
of this Article and with such other provisions and requirements
of this Declaration as may be applicable.
SECTION
4
Covenant Committee Rules and Regulations; Appeal of Covenant Committee
Decision. The Covenant Committee may from time to time adopt and
promulgate such rules and regulations regarding the form and content
of plans and specifications to be submitted for approval and may
publish such statements of policy, standards, guidelines and/or
establish such criteria relative to architectural styles or details,
or other matters, as it may consider necessary or appropriate.
No such rules, regulations, statements, criteria or the like shall
be construed as a wavier of the provisions of this Article or
any other provision or requirement of this Declaration. The decisions
of the Covenant Committee shall be final except that any Member
who is aggrieved by any action or forbearance from action by the
Covenant Committee may appeal the decision of the Covenant Committee
to the Board of Directors and, upon the request of such Member,
shall be entitled to a hearing before the Board of Directors.
Two thirds (2/3) of the Board of Directors shall be required to
reverse the decision of the Covenant Committee.
SECTION
5
Exterior
Appearance. Except as specifically provided herein to the contrary,
and without limiting the generality of this Article VIII, the
following shall apply to every Lot and dwelling unit within the
Property, unless otherwise expressly provided by the Covenant
Committee and the Board of Directors:
(a) The
installation of any storm door(s) must receive prior approval
of the Board of Directors or the Covenant Committee, including,
but not limited to, the style, color and material of said storm
door(s). Storm doors must be of traditional design and must be
full view clear glass.
(b) Exterior
wood decks, fences and gates, if any, shall not be painted but
may be stained in earth tones only; provided however, that neutral
color wood preservative may be applied to such wood decks, fences
and gates.
(c) The
color of the exterior of all structures or dwellings on Lots including,
without limitation, garage doors, all sidings, gutters, downspouts,
brick and trim, shall not be changed or altered without the approval
of the Covenant Committee.
(d) The
roof of any dwelling shall be repaired or replaced with materials,
substantially identical in construction, shingle type, texture
and color as the material utilized by the Company in the original
construction of the dwelling.
(e) No
wall or window air conditioning unit may be installed in the front
of any home.
(f) In
ground and above ground pools, if any, are allowed subject to
the prior approval of the Board of Directors or Covenant Committee.
Notwithstanding
anything to the contrary contained in this Article VIII, the provisions
of said Article VIII shall not apply to any Lot or dwelling owned
by the Company.
ARTICLE
IX
USE
RESTRICTIONS
SECTION
1
Permitted
Uses. The Lots shall be used for residential purposes exclusively,
and no building shall be erected, altered, placed or permitted
to remain on any such Lot other than one used as a dwelling, except
that subject to Covenant Committee approval, a professional office
may be maintained in a dwelling, provided that (i) such maintenance
and use is limited to the person actually residing in the dwelling;
(ii) no employees or staff other than a person actually residing
the dwelling are utilized; (iii) such maintenance and use is in
strict conformity with the provisions of any applicable zoning
law, ordinance or regulation and (iv) the person utilizing such
office maintains a principal place of business other than the
dwelling. As used in this Section, the term “professional
office” shall mean profession, including doctors, dentists,
lawyers, architects, residential family day care home and the
like, but not including medical or dental clinics.
The Association
may charge a residential family day care provider a reasonable
fee for the use of the common area as permitted by the law and
may charge family day care providers on a pro rata basis based
upon the total number of family day care homes operating in the
Association any increase in insurance costs of the Association
that are solely and directly attributable to the operation of
family day care homes in the Association.
Nothing
contained in this Article, or elsewhere in this Declaration, shall
be construed to prohibit the Company from the use of any Lot,
open space, dwelling, or improvement thereon, for promotional
or display purposes, or as “model homes,” a sales
and/or construction office, storage trailers, or the like. Real
estate sales, management, and construction offices may, with the
prior written consent of the Company, be erected, maintained,
and operated on any Lot or open space provided the offices are
used solely in connection with the development of the Property
or the construction of improvements on the Property, or the management,
rental, or sale of any part of the Property, or of improvements
now or hereafter erected thereon.
SECTION
2
Prohibited
Uses and Nuisances. Except for the activities of the Company during
the construction or development of the Property, or as may be
necessary in connection with reasonable and necessary repairs
or maintenance to any dwelling or upon the Common Area:
(a) No
noxious or offensive trade or activity shall be carried on upon
any Lot or within any dwelling or any other part of the Property,
nor shall anything be done therein or thereon which may be or
become an annoyance or nuisance to the neighborhood or other Members.
Without limiting the generality of the foregoing, no speaker,
horn, whistle, siren, bell, amplifier or other sound device, except
such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of
any dwelling or upon the exterior of any other improvements constructed
upon any Lot.
(b) The
maintenance, keeping, boarding or raising of animals, livestock,
or poultry of any kind, regardless of number shall be and is hereby
prohibited on any Lot or within any dwelling, or other part of
the Property, except that this shall not prohibit the keeping
of two (2) dogs, two (2) cats, and a reasonable number of caged
birds or other small domestic animals as pets provided (i) they
are not kept, bred or maintained for commercial purposes; (ii)
such domestic pets are not a source of annoyance or nuisance to
the neighborhood or other Members; and (iii) such pets are maintained
in strict conformance to all laws and ordinances. The Board of
Directors or, upon resolution of the Board of Directors, the Covenant
Committee, shall have the authority, after hearing, to determine
whether a particular pet is a nuisance or a source of annoyance
to other Members, and such determination shall be conclusive.
Pets shall be attended at all times and shall be registered, licensed
and inoculated as may from time to time be required by law. Pets
shall not be permitted upon the Common Area unless accompanied
by a responsible person and unless they are carried or leashed.
The Board of Directors shall have the right to adopt such additional
rules and regulations regarding pets as it may from time to time
consider necessary or appropriate. No dog runs are permitted.
Dog houses are allowed provided the house is of the same color
and material as the dwelling and is flush to the dwelling or the
shed.
(c) No
burning of any trash and no accumulation or storage of litter,
lumber, scrap metals, refuse, bulk materials, waste, new or used
building materials, or trash of any other kind shall be permitted
on any Lot or other part of the Property.
(d) Vehicles
must be parked in the driveway and driveways must be maintained
by Owners. Except for parking within closed garages, and except
as herein elsewhere provided, no junk or dilapidated vehicle,
commercial vehicle, exceeding 3/4 tons (including vans used for
commercial use), trucks, exceeding 3/4 tons, unlicensed or inoperable
motor vehicle (which shall include, without limitation, any vehicle
which would not pass applicable state inspection criteria), trailer,
recreational vehicle, camper, bus, camp truck, house trailer,
boat or other similar vehicles, machinery or equipment of any
kind or character (except for such equipment and machinery as
may be reasonable, customary and usual in connection with the
use and maintenance of any dwelling and except for such equipment
and machinery as the Association may require in connection with
the maintenance and operation of the Common Area) shall be kept
upon the Property or upon the public or private streets adjacent
to the Property nor (except for bona fide emergencies) shall the
repair or extraordinary maintenance of automobiles or other vehicles
be carried out thereon. The Association may, in the discretion
of the Covenant Committee, provide and maintain a suitable area
designated for the parking of such vehicles or the like. In any
event, no vehicles of any kind shall be permitted at any time
in the backyard of any Lot. No three or four wheeled ATV vehicles,
dirt bikes, or unlicensed motorcycles will be operated in the
development. In no event shall motorized recreational vehicles
be used in the common areas. Boats may only be kept in the backyard
of any Lot provided they are covered with brown, grey or green
tarp and are on a trailer.
(e) Trash
and garbage containers must have lids and shall not be permitted
to remain in public view except on days of trash collection and
the evening prior to such days of trash collection. No incinerator
shall be kept or maintained upon any Lot.
(f) No
Lot shall be divided or subdivided and no portion of any Lot (other
than the entire Lot) shall be transferred or conveyed for any
purpose. The provisions of this subsection shall not apply to
the Company and, further, the provisions hereof shall not be construed
to prohibit the granting of any easement or right-of-way to any
municipality, political subdivision, public utility or other public
body or authority, or to the Association, the Company or any other
person for any purpose.
(g) No
fences or walls including continuous shrub plantings which create
the effect of a fence or wall shall be permitted in the front
yard of any lot. No tree, hedge or other landscape feature shall
be planted or maintained in a location which obstructs sight-lines
for vehicular traffic on public streets or on private streets
and roadways. Without limiting the generality of the foregoing,
no wire or other lawn edging, fencing or other treatment shall
be placed or maintained on any Lot which would impede the Association’s
ability to perform its obligations as set forth in this Declaration,
or which would be inharmonious with the aesthetics of the community
of which it is a part.
(h) No
decorative lawn ornament (unless approved by the Covenant Committee),
no structure of a temporary character, and no trailer, tent, shack,
barn, pen, kennel, run, stable, or buildings shall be erected,
used or maintained on any Lot at any time. A storage shed may
be erected, constructed or placed on a Lot provided that such
shed (i) is approved, in writing, with respect to design (including,
but not limited to color and materials), location and construction
by the Board of Directors or the Covenant Committee; (ii) if constructed,
such shed must be located flush against the dwelling unit situated
on the Lot and must be of the same color and material as the dwelling;
(iii) any shed must be properly maintained at all times by the
Owner of the Lot upon which it is located; (iv) is no larger than
one hundred forty-four (144) square feet, one (1) story in height;
and (v) complies with all state, local and federal codes.
(i) Except
for entrance signs, directional signs, signs for traffic control
or safety, community “theme areas” and such promotional
sign or signs as may be maintained by the Company or the Association,
no signs or advertising devices of any character shall be erected,
posted or displayed upon, in or about any Lot or dwelling, provided,
however, that one temporary real estate sign not exceeding six
(6) square feet in area may be erected upon any Lot or attached
to any dwelling placed upon the market for sale or rent. Any such
temporary real estate sign shall be removed promptly following
the sale or rental of such dwelling. The provisions and limitations
of this subsection shall not apply to any institutional first
mortgagee of any Lot who comes into possession of the Lot by reason
of any remedies provided by law or in such mortgage or as a result
of a foreclosure sale or other judicial sale or as a result of
any proceeding, arrangement, assignment or deed in lieu of foreclosure.
No signs shall be permitted in the window of any dwelling.
(j) No
water pipe, sewer pipe, gas pipe, drainage pipe, cable or other
similar transmission line shall be installed or maintained upon
any Lot above the surface of the ground and no wire, cable or
other similar transmission line may be attached to the exterior
of any structure on any Lot; provided, however, that such transmission
line may be attached the exterior of any structure on any Lot;
provided, however, that such transmission lines, wires or cables
providing utility services to any Lot (including, but not limited
to, electricity, telephone, gas, water and cable television) shall
be permitted. Except during periods of actual use, no hose shall
be stored or placed in the front yard of any dwelling unless screened
from public view.
(k) No
play equipment, including without limitation, basketball backboards,
basketball hoops and other equipment associated with either adult
or juvenile recreation, shall be attached in any manner to the
exterior of any dwelling without the prior approval of the Board
of Directors or the Covenant Committee pursuant to Article VIII
hereof. If approved in accordance with this Declaration, such
play equipment must be properly maintained at all times.
(l) No
structure, planting or other material shall be placed or permitted
to interfere with any easement for the installation or maintenance
of utilities, or which may unreasonably change, obstruct or retard
direction flow of any drainage channels.
(m) No
outside television aerial or radio antenna, or other aerial or
antenna for either reception or transmission, including, but not
limited to, satellite dish antenna, shall be maintained upon the
Property except that such aerials or antennae may be erected and
maintained within the dwellings located upon the Property.
(n) Vegetable
gardens shall be maintained only within the rear yard of any Lot,
and shall be maintained in a neat and attractive manner.
(o) Lawn
furniture shall be used and maintained in a neat and attractive
manner.
(p) No
equipment or machinery (including, without limitation, equipment
or machinery for use in connection with the maintenance of any
dwelling) shall be stored in the front, rear or side yard on any
Lot but must be stored in a storage shed.
(q) No
garbage or trash containers shall be kept on the front or side
yard of any Lot and garbage and trash containers kept or maintained
in the rear yards of any Lots under or upon decks shall be screened
from public view at all times. Compost piles must be along rear
lot lines.
(r) No
Member shall make any private or exclusive or proprietary use
of any of the Common Area and no Member shall engage or direct
any employee of the Association on any private business of the
Member during the hours such employee is employed by the Association,
nor shall any Member direct, supervise or in any manner attempt
to assert control over any employee of the Association.
(s) All
fences and areas to be fenced must be pre-approved by the Board
of Directors or Covenant Committee and may be of earth tones or
neutral colors only. Any fence constructed upon the Property shall
not extend forward of the rear building line of the dwelling on
the Lot upon which any such fence is erected. No fence shall be
more than forty-eight inches (48”) in height. Chainlink,
stockade, and other wire fencing is specifically prohibited; provided,
however, thin wire fencing used in conjunction with a split rail
or similar fencing for the purpose of enclosing pets is permitted
if approval is obtained from the Covenant Committee pursuant to
Article VIII.
(t) Bed
sheets, plastic sheets, newspapers, plastic storm windows or other
similar window treatments shall not be hung or placed in or on
any window on any dwelling located on any Lot.
(u) Children’s
play and similar equipment shall not be allowed to remain overnight
within any front yard of any Lot or within the Common Area.
(v) Children’s
outdoor permanent playhouses and swinging or climbing apparatus
or equipment shall be permitted within a Lot; provided the prior
written approval of the Board of Directors or Covenant Committee
is obtained and that such equipment, playhouse(s) and/or apparatus
is properly maintained at all times.
(w) Exterior
lighting shall be permitted only to the extent that it does not
unreasonably disturb the occupants of any other Lot in the development.
(x) No
garage or outbuilding properly erected on a Lot shall at any time
be used for human habitation, temporarily or permanently, nor
shall any structure of a temporary character be used for human
habitation unless approved by the Covenant Committee. Notwithstanding
the foregoing, any Lot owned by the Company upon which is situated
a dwelling unit in which the garage has been modified to serve
as living area shall be exempt from this paragraph and any grantee
of the Company, and its successors and assigns, shall also be
exempt until such time as the garage is restored or a garage is
constructed on such Lot.
(y) No
drying or airing of any clothing or bedding shall be permitted
outdoors and within any Lot other than within rear yards and between
the hours of 8 a.m. and 5 p.m. on Monday through Friday and 8
a.m. and 1 p.m. on Saturdays (except when any such days shall
fall upon a holiday) and clothes-hanging devices such as lines,
reels, poles, frames, etc., shall be stored out of sight other
than during the times aforementioned.
(z) Notwithstanding
anything to the contrary contained in this Declaration, no garage
may be altered, modified or changed in any manner which would
inhibit or in any way limit its function as a parking area for
vehicles without the prior written approval of the Board of Directors
or Covenant Committee pursuant to Article VIII of this Declaration.
Notwithstanding the foregoing, any Lot owned by the Company upon
which is situated a dwelling unit in which the garage has been
modified to serve as living area shall be exempt from this paragraph
and any grantee of the Company, and successors and assigns, shall
also be exempt until such time as the garage is restored or a
garage is constructed on such Lot.
(aa)
No more than two cords of firewood may be stored at any one time
on any Lot and must be neatly stacked in the rear yard.
SECTION
3
Leasing
and transfers.
(a) No
portion of a dwelling unit, other than an entire dwelling unit,
may be leased or rented unless the prior written approval of the
Covenant Committee or the Board of Directors is obtained. All
leases shall be on forms approved by the Association and shall
(i) contain provisions advising the tenant of his/her obligation
to comply with all provisions of this Declaration, the Bylaws
and the Rules of the Association; (ii) provide that the Association
shall have the right to terminate the lease upon default by the
tenant in observing any of the provisions of this Declaration,
the Bylaws or Rules of the Association, or of any other document,
agreement or instrument governing the dwelling units and/or the
Property. The Owner(s) of a leased or rented dwelling unit shall
be jointly and severally liable with his tenant(s) to the Association
to pay any claim for injury or damage to persons or property caused
by any action or omission, including, without limitation, the
negligence of the tenant(s). Every lease shall be subordinate
to any lien filed by the Association, whether before or after
such lease was entered into. The minimum term any dwelling unit
may be rented or leased shall be six (6) months, and in no event
may a transient tenant be accommodated in any dwelling unit.
(b) Prior
to the sale, conveyance or transfer of any Lot or dwelling unit
to any person, the Owner shall notify the Board of Directors in
writing of the name and address of the person to whom the proposed
sale, conveyance or transfer is to be made and provide to it such
other information as the Board of Directors may reasonably require.
Failure to comply with the provisions of this Section 3 (b) shall
not void, prohibit or otherwise invalidate the sale, conveyance
or transfer of any Lot or dwelling unit nor may it have any affect
upon any mortgage or deed of trust thereon.
SECTION
4
Parking.
Parking within the Property shall be subject to the following
restrictions:
(a) The
Association shall be entitled to establish supplemental rules
concerning parking on any portion of the Common Area and Lots,
including, without limitation, providing for the involuntary removal,
at the expense of the owners, of any vehicle violating the provisions
of the Declaration and/or such rules.
(b) The
Company, its successors and assigns, and its nominee or nominees
and any agents, servants and/or employees thereof shall be exempt
from the provisions of this Section 4.
SECTION
5
House
Rules, Etc. There shall be no violation of any reasonable rules
for the use of the Common Area and community facilities or “house
rules” or other community rules and regulations not inconsistent
with the provisions of this Declaration which may from time to
time be adopted by the Board of Directors of the association and
promulgated among the membership by them in writing, and the Board
of Directors is hereby and elsewhere in this Declaration authorized
to adopt such rules.
SECTION
6
Exemptions.
None of the foregoing restrictions shall be applicable to the
activities of:
(a) Company,
its officers, employees, agents or assigns,
in their development, marketing, leasing and sale of Lots or other
parcels within the Property; or
(b) To
the Association, its officers, employees and
agents, in connection with the proper maintenance, repair, replacement
and improvement of the Common Area and community facilities.
SECTION
7
Declaration
of Easements and Rights. The following easements and rights are
hereby declared or reserved:
(a) Company
reserves the right to grant easements, both
temporary and permanent, and convey storm water management ponds
to all public authorities and utility companies over any part
of the Common Area in connection with the construction or development
of the Project.
(b) Each
Lot within the Property is hereby declared to
have an easement, not exceeding one foot (1’) in width,
over all adjoining Lots and Common Area for the purpose of accommodating
any encroachment due to engineering errors, errors in original
construction, settlement or shifting of the building, roof overhangs,
gutters, architectural or other appendages, draining of rainwater
from roofs, or any other similar cause. There shall be valid easements
for the maintenance of said encroachments so long as they shall
exist, and the rights and obligations of Owners shall not be altered
in any way by said encroachment, settlement or shifting; provided,
however, that in no event shall a valid easement for encroachment
be created in favor of an Owner or Owners if said encroachment
occurred due to the willful misconduct of said Owner or Owners.
In the event a structure on any Lot is partially or totally destroyed
and then repaired or rebuilt, the Owners of each Lot agree that
minor encroachments over adjoining Lots shall be permitted and
that there shall be valid easements for the maintenance of said
encroachments so long as they shall exist.
(c) There
is hereby reserved unto the Company (and to such other party(ies)
as the Company may specifically, and in writing, assign such rights),
for the benefit of the real property described on the Development
Plan (“Benefitted Property”), a blanket easement upon,
across and under the Property (provided such easement does not
encroach upon any building within the Property or unreasonably
interfere with the use and enjoyment of the Property), for vehicular
and pedestrian ingress and egress, curb cuts, slope, or grading
easements, as well as for the installation, replacement, repair
and maintenance of all utilities, including, but not limited to,
water, sewer, drainage, storm water detention and/or siltation,
gas, cable television, telephones and electricity, and further
including the right to connect to and use any such utilities which
may exist or be located upon the Property from time to time. By
virtue of this easement, it shall be expressly permissible to
erect and maintain the necessary poles, pipes, lines and other
equipment on the Property, to affix and maintain electrical or
telephone wires and conduits, sewer and water drainage line, on,
above, or below any portion of the Property, including any improvements
constructed thereon, and to have construction vehicles, equipment
and the like exercise the aforesaid right of ingress and egress
over the Property. There is further reserved unto the Company
the right to erect entry features, promotional and other similar
items within the Property provided they do not unreasonably interfere
with the use, operation and enjoyment of the Property. There is
further reserved unto the Company the right to grant specific
easements, both temporary and permanent, to any person or entity,
including all public authorities and utility companies, over any
part of the Property in furtherance of the blanket easement created
by this subsection (c). Further, without limiting the generality
of the foregoing, the Company reserves the right to unilaterally
execute and record such additional easements and agreements as
may be necessary in order to give effect to the foregoing easements
and other rights, which additional easements and other agreements
need not be consented to or joined in by any party having an interest
in the Property; provided, however, that if requested by the Company,
any party having an interest in the Property shall promptly join
in and execute such confirmatory easements and other agreements.
Each Lot shall further be subject to a public pedestrian access
easement over and upon any sidewalk (or the replacement thereof)
constructed on the Lot by the Company, which sidewalk is reasonably
deemed to be for the use of the Community of which the Lot is
a part.
(d) An
easement is hereby reserved to Company to enter the Common Area
during the period of construction and sale on the Property, and
to maintain such facilities and perform such operations as in
the sole opinion of Company may be reasonably required, convenient
or incidental to the construction and improvement of the Common
Area.
(e) Company
also reserves the right to enter into the Common Area for the
purposes of carrying out any obligations it may have, or assume,
with respect to the curing of any defects in workmanship or materials
in the Property or the improvements thereon. There is further
reserved unto the Company and its agent(s) a non-exclusive easement
over, across and through all of the Common Area for the purpose
of access, the storage of building supplies and materials and
equipment and, without any limitation, for any and all purposes
reasonably related to the completion of the development, construction
or rehabilitation and repair of the Property.
(f) For
a period of ten (10) years from the date of conveyance of the
first Lot, the Company reserves a blanket easement and right on,
over and under the Property to maintain and to correct drainage
of surface water in order to maintain reasonable standards of
health, safety and appearance. Such right expressly includes the
right to cut any trees, bushes or shrubbery, make any gradings
of the soil, or to take any other similar action reasonably necessary,
following which the Company shall restore the affected property
to its original condition as near as practicable. The Company
shall give reasonable notice of intent to take such action to
all affected Owners, unless in the opinion of the Company an emergency
exists which precludes such notice. There is further reserved
unto the Company the right to grant specific easements, both temporary
and permanent, to any person or entity, including all public authorities
and utility companies, over any part of the Property in furtherance
of the blanket easement created by this subsection (f).
(g) The
rights and duties with respect to sanitary sewer and water, storm
drains, downspouts, yard drains, cable television, electricity,
gas and telephone lines and facilities shall be governed by the
following:
(i) Whenever
water, sanitary sewer and water, storm drains, downspouts, yard
drains, electricity, gas, cable television or telephone connections,
lines, cables or any portion thereof, are or have been installed
within the Property, the Owner of any Lot, or the Association
shall have the right, and are hereby granted an easement to the
extent necessary therefore, to enter upon or have a utility company
enter upon any portion of the Property in which said installations
lie, to repair, replace and generally maintain said installations.
(ii)
The right granted in paragraph (i) above shall be only to the
extent necessary to entitle the property of the Owner or Association
serviced by said installation to its full and reasonable use and
enjoyment, and provided further that anyone exercising said right
shall be responsible for restoring the surface of the easement
area so used to its condition prior to such use.
(iii)
In the event of a dispute between Owners with respect to the repair
or rebuilding of said connections, or with respect to the sharing
of the cost thereof, upon written request of one of such Owners
addressed to the Association, the matter shall be submitted to
its Board of Directors, or its designated committee, who shall
decide the dispute, and the decision of the Board, or its designated
committee, shall be final and conclusive as to the parties.
(h) The
Association shall have an easement to enter any portion of the
Property for the performance of its duties hereunder; provided
that except as provided in Article XI hereof, such easement shall
not entitle the entry within the interior portion of any dwelling
located on the Property, but (by way of illustration only and
not in limitation of the rights granted herein) shall permit the
entry into fenced, or other similar areas of the Property.
(i) With
respect to any step, patio, deck, downspout or yard drain or other
similar structure that may benefit any Lot and is constructed
by the Company and which may encroach upon any portion of the
Common Area, there is hereby reserved for the benefit of the Lot
for which such step, patio, deck, downspout, drain or other structure
serves, a perpetual easement for the location, maintenance, repair
and use of such structure or items within the Common Area, but
only to the extent the Company’s original construction thereof
encroaches within the Common Area. The Owner of the Lot benefiting
from such easement agrees to maintain such structure or item and
to indemnify and hold the Association harmless from any loss,
liability or damage arising out of or resulting from the use,
enjoyment and benefit of the easement granted hereby.
(j) With
respect to “zero lot line”, “patio home”
or similar detached homes which are designed to be built on or
near Lot boundary lines, it is understood that the roofs, gutters,
downspouts and the like may extend over the property line of adjoining
Lots and an easement for such encroachment is hereby declared
and created. Such encroachment easement shall only exist to the
extent necessary to accommodate such overhang. In addition, an
easement of ten (10) feet is declared to exist on every Lot adjacent
to a “zero lot line”, “patio home” or
similar homes to permit access for maintenance and repair of such
homes provided that such easement is exercised in a manner that
would not be considered a nuisance by a reasonable person and
further provided that the party exercising the easement shall
restore to its original condition anything that is disturbed as
a result of said maintenance and repair.
(k) There
is hereby created for the benefit of each Lot, which is enclosed,
in whole or in part, by a fence and/or wall constructed by the
Company, a perpetual easement to use any portion of the Common
Area that may be located between such fence and/or wall and the
record platted lot line for such benefited Lot; and the obligation
to maintain such portion of the Common Area shall be that of the
Owner of the benefited Lot and the obligation to maintain the
fencing located within the Common Area, which encloses the benefited
Lot, shall be that of the Owner of the benefited Lot. The Owner
of any Lot benefiting from the foregoing easement agrees to indemnify
and hold the Association harmless from any loss, liability or
damage arising out of or resulting from the use, enjoyment and
benefit of the easement rights provided for herein.
(l) A
mutual right and easement for utility services is hereby established
for the benefit of all Owners, such that no Owner shall take any
action which would in any way interfere with utility services
being provided to other Owners within the Project. If a Lot contains
any utility pipes, ducts, conduits, wires or the like which are
for the benefit, in whole or in part, of other Owners within the
Project, then the Owner of such Lot shall promptly, at his expense,
repair any damage to such utilities caused by the Owner, his guests
or invitees.
(m) The
Association, its agents and employees, shall have an irrevocable
right and an easement to enter the Lots for the purposes of exercising
the rights and fulfilling the obligations established by this
Declaration and any Supplementary Declarations recorded hereafter.
The interior of any dwelling situated on a Lot may not be entered
by the Association or its agents or employees except in the case
of an emergency to protect the Common Area, other Lots or persons
from injury or damage.
(n) The Company reserves the right to modify or alter the size,
number and location of the Common Area and Lots, as well as the
improvements thereon, and join additional property as it deems
necessary or desirable in conjunction with the development of
the Project. Without limiting the generality of the foregoing,
the Company reserves the right to resubdivide all or a portion
of the Project, to modify the site plans, to construct improvements
on the Common Area, and to take whatever other action with respect
to the Common Area and the Lots as the Company deems necessary
or desirable in conjunction with the development of the Project.
(o) The
Board of Directors of the Association shall have the right to
grant easements, rights-of-way, licenses and similar interests
over any part of the Common Area for any lawful purpose which
it determines, in its own discretion, to be in the best interests
of the Association.
All dwellings shall comply with setback restrictions as shown
on the recorded plats; provided, however, that in the event that
the minimum building setback line as established by the Town of
Elkton Zoning Ordinance from time to time shall be less than the
line shown on the recorded plats, the line established by the
Town of Elkton Zoning Ordinance shall prevail over the line as
established by the recorded plats; and provided further, that
any variance granted by the Town of Elkton with respect to minimum
setbacks required under any existing Zoning Ordinance shall likewise
serve as a grant of variance from the restriction lines shown
on any recorded plats of the subdivision.
ARTICLE
X
CHESAPEAKE BAY CRITICAL AREA
The purpose
of this Article is to inform all Owners that the Property is subject
to certain provisions of Maryland and Cecil County law, including,
but not limited to, Title 8, Natural Resources Article, Annotated
Code of Maryland (1990) and Cecil County Chesapeake Bay Critical
Area Program (1988), as the same may be amended from time to time
(collectively, the “Chesapeake Bay Critical Area Legislation”).
The Chesapeake Bay Critical Area Legislation imposes certain restrictions
on the use and development of the Property.
ARTICLE
XI
PARTY FENCES
The rights
and duties of the Owners of Lots with respect to party fences
constructed on the Property shall be governed by the following:
SECTION
1
General
Rules of Law to Apply. Each fence which is constructed on the
Property and any part of which is placed on the dividing line
between two or more separate Lots, shall constitute a party fence,
as applicable, and with respect to such fence or driveway, each
of the adjoining Owners and their respective Lots shall be subject
to an easement for that portion of the fence or driveway on their
respective Lots, and shall assume the burdens and be entitled
to the benefits of these restrictive covenants, and, to the extent
not inconsistent herewith, the general rules of law regarding
party fences and of liability for property damage due to negligence
or willful acts or omissions, shall apply thereto.
SECTION
2
Sharing
of Repair and Maintenance and Destruction by Fire or Other Casualty.
If any such party fence is damaged or destroyed by fire or other
casualty or by some cause other that the act of one of the adjoining
Owners or any of such Owner’s agents, guests, or family
members (including ordinary wear and tear and deterioration from
lapse of time), then, in such event, both such adjoining Owners
shall proceed forthwith to rebuild or repair the same to as good
condition as formerly, in proportion to their respective use of
the party fence.
SECTION
3
Repairs
of Damage Caused by one Owner. If any such party fence is damaged
or destroyed through the act of one adjoining Owner or any of
such Owner’s agents, guests or family members so as to deprive
the other adjoining Owner of the full use and enjoyment of such
fence or driveway, then the Owner responsible for such damage
shall forthwith proceed to rebuild and repair the same to as good
condition as formerly, without cost to the adjoining owner.
SECTION
4
Encroachments.
If any portion of a party fence shall encroach upon any adjoining
Lot, or upon the Common Area by reason of reconstruction, settlement
or shifting of any building, or otherwise, a valid easement for
the encroachment and for the maintenance of the same shall exist
for as long as the building stands.
SECTION
5
Other
Changes. In addition to meeting the other requirements of these
restrictive covenants, and of any building code or similar regulations
or ordinances, any Owner proposing to modify, make additions to
or rebuild such Owner’s residence in any manner which requires
an extension or other alteration of any party fence, shall first
obtain the written consent of the adjoining Owner, which consent
shall not be unreasonably delayed or denied.
SECTION
6
Right
to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to
the land and shall pass to such Owner’s successors in title.
SECTION
7
Dispute.
In the event of a dispute between Owners with respect to the repair
or rebuilding of a party fence, or with respect to sharing of
the cost thereof, then, upon written request of one of such Owners
addressed to the Association, the matter shall be submitted to
the Board of Directors who shall decide the dispute, and the decision
of the Board of Directors shall be final and binding upon the
parties.
ARTICLES
XII
GENERAL PROVISIONS
SECTION 1
Invalidation
of any one of these covenants or restrictions by judgment or court
order shall not affect any other provisions which shall remain
in full force and effect.
SECTION
2
The covenants
and restrictions of this Declaration shall run with and bind the
Property for a term of forty (40) years from the date this Declaration
is recorded, after which time they shall be automatically extended
for successive periods of ten (10) years unless, prior to the
expiration of the then current term, a written instrument shall
be executed by the then Owners of seventy-five percent (75%) of
the Lots stating that this Declaration shall expire at the end
of the then current term. This Declaration may be amended by an
instrument signed by the Owners of not less than two-thirds (2/3)
of the Lots. Any amendment must be recorded among the Land Records
of the jurisdiction referred to in the Recitals to this Declaration.
SECTION
3
Anything
set forth in Section 2 of this Article to the contrary notwithstanding,
the Company shall have the absolute unilateral right, power, and
authority to modify, revise, amend, or change any of the terms
or provisions of this Declaration, all as from time to time amended
or supplemented. However, this unilateral right, power, and authority
of the Company may be exercised only of the Veterans Administration
(VA), the Federal Housing Administration (FHA), the Federal Home
Loan Mortgage Corporation (Freddie Mac), the Federal National
Mortgage Association (Fannie Mae), the Government National Mortgage
Association (Ginnie Mae), the U.S. Department of Housing and Urban
Development (HUD), or any successor agencies or entities thereto
or any agencies or entities providing similar programs shall require
such action as a condition precedent to the approval by such agency
or entity of the Property or any part thereof or any Lots thereon,
for approved mortgage financing purposes under applicable VA,
FHA, Freddie Mac, Fannie Mae, Ginnie Mae, or similar programs.
If HUD, the VA or the FHA or any successor agencies approve the
Property or any parts thereof or any Lots thereon for federally
approved mortgage financing purposes, any further amendments to
the Declaration made during any period of time when there are
Class B members of the Association shall also require the prior
consent of the agency giving such approval.
WITNESS
the hands and seals of the parties hereto on the day hereinabove
first written.
ATTEST: KENSINGTON COURTS LIMITED
LIABILITY COMPANY
Signed
by Pamela J Benjamin By: signed by Bruce Schneider(SEAL)
Bruce Schneider
General Manager
STATE
OF MARYLAND, COUNTY OF CECIL, to wit:
I HEREBY
CERTIFY that on this 18th day of October, 1994, before me, a Notary
Public of the State of Maryland and the County of Cecil, personally
appeared BRUCE SCHNEIDER who acknowledged himself to be the General
Manager of Kensington Courts Limited Liability Company and that
he, as such officer, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing the name
of the Corporation by himself as such officer.
WITNESS
my hand and Notarial Seal.
Signed
by Pamela J Benjamin
Notary Public
My commission Expires: 01-24-96
This instrument
has been prepared by Susan S. Flanigan, an attorney, under such
attorney’s supervision, or by one of the parties named in
this instrument.
Signed
by Susan S. Flanigan
Susan S. Flanigan
EXHIBIT
A
DESCRIPTION
OF BLOCK 11, KENSINGTON COURTS IN THE TOWNN OF ELKTON
BEGINNING
FOR THE SAME at a point, said point being an angle point in the
northeastern most lines of the total tract as shown on a plat
known as KENSINGTON COURTS as prepared by Rauch, Walls & Lane,
Inc. of Easton, Maryland and recorded among the land records of
Cecil County in Plat Book 13, folio 74, said point also being
a corner in the lands now or formerly of Town & Country of
Elkton, MD., Inc. as recorded among said land records in W.A.S.
303/169 and lying SOUTH 55 DEGREES, 16 MINUTES, 57 SECONDS EAST,
271.19 FEET from a concrete monument found, running thence along
the easternmost line of the whole tract and along the westernmost
line of Town & Country SOUTH 19 DEGREES, 28 MINUTES, 15 SECONDS
EAST, 562.68 FEET to a point in the 60’ right-of-way line
of Whitehall Road, thence running with Whitehall Road and crossing
over the 60’ right-of-way of Highland Drive SOUTH 79 DEGREES,
39 MINUTES, 26 SECONDS WEST, 1085.74 FEET to a point, thence leaving
said road and running through the open space area between blocks
#2 & #11 NORTH 15 DEGREES, 02 MINUTES, 09 SECONDS WEST, 370.49
FEET to a point, thence turning through the open space area between
blocks #10 & #11 NORTH 61 DEGREES, 55 MINUTES, 44 SECONDS
WEST, 165.00 FEET to a point in an arc of the 60’ right-of-way
of Highland Drive, thence crossing over said right-of-way NORTH
61 DEGREES, 55 MINUTES, 44 SECONDS, 60.00 FEET to a point in an
arc in said right-of-way, thence leaving said road and passing
through the OPEN SPACE area as shown on sheet 12 of 12 of said
plat showing BLOCK ELEVEN of Kensington Courts NORTH 71 DEGREES,
24 MINUTES, 28 SECONDS EAST, 820.97 FEET to the place of beginning
containing 11.6895 ACRES MORE OR LESS.
Members
shall have the right to use the existing road for purposes of
ingress, egress and regress to and from waterfront boat launching
area. The Company reserves the right to relocate said road and
waterfront boat launching area.
QUICK
REFERENCE COVENANT, CONDITIONS AND RESTRICTION LIST
THERE SHOULD BE NO:
-
Installation of any storm door(s) must receive
prior approval of the Board of Directors or the Covenant Committee
( article VIII, section 5.a)
-
Exterior
wood decks, fences and gates , if any, shall
not be painted but may be stained in earth tones only (article
VIII, section 5.b)
-
Color
of the exterior of all structures or dwellings on
Lots including; garage doors, all sidings, gutters, downspouts,
brick and trim, shall not be changed or altered without the
approval of the Covenant Committee (article VIII, sections
5.b)
-
Wall
or window air conditioning unit installed in the
front of any home. (article VIII, section 5.e)
-
In
ground and above ground pools are allowed subject
to the prior approval of the Board of Directors or Covenant
Committee. (article VIII, section 5.f)
-
Trash
and garbage containers are not permitted to remain
in public view except on days of trash collection. (article
IX, section 2.e)
-
Decorative
lawn ornament (unless approved by the Covenant Committee),
no structure of a temporary character, and no trailer, tent,
shack, barn, pen, kennel, run, stable, or buildings shall
be erected, used or maintained on any Lot at any time. (article
IX, section 2.h)
-
Signs
or advertising devices of any character shall be
erected, posted or displayed upon, in or about any Lot or
dwelling (article IX, section 2.i)
-
Equipment
or machinery stored in the front, rear or side yard
on any Lot but must be stored in a storage shed. (article
IX, section 2.p)
-
Bed
sheets, plastic sheets, newspapers, plastic storm windows
or other similar window treatments shall not be hung or placed
in or on any window on any dwelling located on any Lot. (article
IX, section 2.t)
-
Children’s
play (e.g.; outdoor toys, bikes, skates etc.) and
similar equipment shall not be allowed to remain overnight
within any front yard of any Lot or within the Common Area.
(article IX, section 2.u)
-
Drying
or airing of any clothing or bedding shall be permitted
outdoors and within any Lot other than within rear yards at
specific times. (article IX, section 2.y)
THE
ABOVE COVENANTS ARE JUST A QUICK REFERENCE TO THE ORIGINAL
COVENANTS AT STATED IN THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS MANUAL AND SHOULD BE REFERENCED
BY THE ARTICLES, SECTION NUMBERS AND SUBSECTIONS. |
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