Declaration of Restrictions

1. Application of Restrictions

Everyone who acquires an interest in any part of the subdivision agrees to comply with these covenants.

2. Property Use

Single-family residences only. No commercial, manufacturing, professional, religious, fraternal or other business use.

3. Construction Requirements

Fourteen lettered sub-paragraphs, (a) to (n) — the ones you are most likely to need. See the table below.

4. Temporary Structures

No trailer, basement, tent, shack, garage, barn or outbuilding may be lived in, even temporarily. No home may be occupied until its exterior is complete.

5. Replatting

Lots may not be divided so as to create additional lots.

6. Foliage Removal

Trees and significant foliage may not be removed without consent, unless dead, hazardous, or genuinely obstructing construction or an easement.

7. Offensive Activities

Nothing noxious, hazardous or offensive — by sight, sound, odor or otherwise — that becomes a nuisance or danger to the neighborhood.

8. Animals

Domesticated house pets only. Pet runs and enclosures need written approval.

9. Property Maintenance

Lots must be kept well maintained and presentable. After written notice and ten days, unaddressed debris, weeds or grass can be dealt with at the owner's cost, and that cost can become a lien.

10. Vehicle Storage

No cars, RVs, trailers, vans, mobile homes, boats or similar objects — working or not — parked or stored on a regular basis unless enclosed and concealed in a garage. This applies on the public roadways inside the subdivision too.

11. Supply Storage

No construction materials, supplies or unused machinery left in the open, except as needed during construction.

12. Easements

Utility easements are reserved as shown on the recorded plat. No permanent buildings, structures or significant foliage on them; gardens, shrubs and landscaping are fine.

13. Fence Easement

An easement runs along the entire northerly and westerly boundaries of the subdivision for a fence. No owner may remove or damage that fence.

14. Commencement of Construction

Deadlines that applied to buyers taking lots from the Developer — construction within 24 months of conveyance, completion within 9 months of starting.

15. Outdoor Lighting

Approved lighting to illuminate the front area of each lot, unless adequate street lighting is otherwise provided.

16. Fencing

The fence rule. Pool fences set back at least 10% of the lot's width at that point can be approved centrally; every other fence needs written approval from the Board and from all contiguous lot owners.

17. Amendment of Restrictions / Plats

Now that the Developer has divested, these Restrictions may be amended by the affirmative vote of two-thirds of the total lot owners.

18. Enforcement of Restrictions

Any lot owner may bring proceedings against an owner who violates or attempts to violate the covenants.

19. Invalidation of Restrictions

If a court strikes part of the Restrictions, the rest stay in force.

20. Certificate of Compliance

On written request, and payment of a reasonable fee if required, a certificate can be issued stating that the buildings on a lot comply. Useful when selling.

21. Limitation of Liability

Action or inaction in exercising these powers does not create liability, absent fraud or gross negligence.

22. Lot 6-A

Lot 6-A is excluded from the Association, pays no assessments, and carries no vote. Only setback lines apply to it.

23. Assignment of Rights by Developer

How the Developer's rights, duties and obligations transfer to the Homeowners Association.

Section 3 in detail — Construction Requirements

This is the section most often cited, and the one whose lettering matters. Rule 11 of the Rules and Regulations points at §3(n); Rule 10 points at §3(i) and §3(n).

3(a) Setback Lines

No building, garage, enclosed porch, pool or outbuilding closer to the front lot line than the plat's setback, or closer to a side or rear line than 10% of the lot's width or depth at that point.

3(b) Footage Requirements

One-level homes: at least 2,250 sq ft of living area excluding garage and basement. Multi-level: at least 1,300 sq ft on the main level and 2,800 sq ft total. Nothing over two and a half stories.

3(c) Permitted / Required Exteriors

No wall board, aluminum siding, sheet metal, tar paper or roofing paper. Stone, brick, wood, vinyl and stucco-style materials permitted. At least half the exterior, excluding garage doors and windows, must be brick, stucco or approved masonry. No excessively bright colors.

3(d) Garages

Every residence must have an attached, enclosed garage holding at least two standard passenger vehicles, matching the house.

3(e) Roof Pitches

All roofs at least a 7/12 pitch.

3(f) Fireplace Chases

Brick or approved masonry, extending fully to the ground.

3(g) Sewer Requirements

All residences connect to a sanitary sewer system per applicable health codes.

3(h) Excavation

Excavated material leaves the subdivision unless written permission says otherwise.

3(i) Swimming Pools

In-ground pools only. Must be enclosed by approved fencing and comply with ordinances and building codes. Filter and circulating pump inside the fence and concealed from view.

3(j) Driveways and Curb Cuts

Blacktop, concrete or other permitted materials. Removed curbs replaced to the nearest joint, with at least a five-foot radius of return.

3(k) Sidewalks

Installed by and at the expense of the lot owner, to a consistent size, placement and material.

3(l) Mailboxes

All mailboxes to a uniform approved design; replacements must conform.

3(m) Construction Style

No log homes or A-frame construction.

3(n) Developer Approval

The approval clause. No building, outbuilding, storage shed, tower, satellite dish or swimming pool erected, placed or altered until plans, specifications and site plans are submitted and approved. Site plans must show location and elevations. At least two copies; samples of exterior materials may be requested. Satellite dishes 20" or under, at the rear and screened by landscaping, are exempt. If no written approval or disapproval is given within thirty days of receipt, the plans are deemed approved.

1. Membership in Association

All lot owners are members. Membership runs with the land — selling the house transfers the membership.

2. Formation of Association

The Association forms on the earlier of the Developer selling all its interest, or selling 75% of the lots plus written approval.

3. Powers and Duties of Association

Litigation, maintenance of common areas and entryways, construction approval, assessments, owning property, and the full rights otherwise reserved to the Developer.

4. Organization and Operation

The Association may set guidelines and bylaws, and may operate as a not-for-profit corporation.

5. Initial Meeting and Organization

How the first meeting was called and noticed.

6. Voting Rights

One vote per lot, cast by the collective owners. Voting may be in person or by written proxy; general proxies expire within six months.

7. Election of Trustees

Election of Trustees and their duties — budgets, assessments, employment, preparing bylaws, and paying the Association's bills.

8. Provisions Relating to Trustees

Terms, annual meetings, and the rule that Trustees serve without compensation and are not personally liable absent fraud or gross negligence.

9. Adoption or Amendment of By-Laws

The Bylaws may be adopted or amended by the affirmative vote of three-fourths of all lot owners.

10. Assessments

Each lot is assessed an equal amount regardless of size. The annual assessment may not exceed $250 per year, adjusted for inflation, unless approved by at least three-fourths of lot owners.

11. Liens

An assessment unpaid thirty days after it falls due may become a lien recorded against the lot, enforceable by foreclosure, with attorney's fees and costs recoverable.

12. Merger of Associations

How this Association may merge with associations for contiguous Chadwick Place sections.