Covenants

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Covenants for The Oaks of Sumrall





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THE OAKS
Covenants
Table of Contents
Definitions Article I Page 2-3
Property Rights Article II Page 3-4
Membership & Voting Rights
in the Assoc.
Article III Page 4-5
Covenants for Assessments Article IV Page 5,6,7,8
General Powers and Duties of
Board of Directors of the
Assoc
Article V Page 8-9
Insurance Article VI Page 9
Ad Valorem Property Taxes Article VII Page 9,10
Architectural Control Article VIII Page 10, 11,12
Easements Article IX Page 12
Use Restrictions
Sewer and Water System
Article X Page 12, 13, 14,15
Page 15
Rule Making Article XI Page 15, 16
Property Subject to this
Declaration
Article XII Page 16, 17
General Provisions Article XIII Page 17, 18,19
Declarant’s Rights and
Reservations
Plan approval check list
Article XIV Page 19
Page 21
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STATE OF MISSISSIPPI
COUNTY OF LAMAR
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION is made this _____ day of ____________, A.D., 200__, by THE OAKS
SUBDIVISION, LLC, a Mississippi limited liability company, (hereinafter referred to as Declarant);
WHEREAS, Declarant is the owner of certain real property situated in Lamar County, Mississippi,
more particularly described as:
THE OAKS SUBDIVISION
which has been filed with the Chancery Clerk of Lamar County, Mississippi, and is recorded in Book
____, Page(s) _______, Slide B-______, of the Plat Records of said County and State, desires to create
and develop thereon a residential community with designated common areas and with common facilities,
for benefit of the community; hereinafter referred to as the "Property ; and
WHEREAS, Declarant desires to provide for the preservation of the values in said community and
for the maintenance of certain areas as may be designated by the Owners and, to this end, desires to
subject property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set
forth, each and all of which is and are for the benefit of said Property and each Owner thereof; and
WHEREAS, the primary purpose of these covenants and the foremost consideration in the origin
of same has been the creation of a residential community which is aesthetically pleasing and functionally
convenient, Declarant has deemed it desirable for the efficient preservation of the values in said
community, to provide for an agency to which would be delegated and assigned the powers of
administering and enforcing the covenants and restrictions and collecting and disbursing the assessment
and charges hereinafter created; and
NOW, THEREFORE, Declarant declares that the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens
(sometimes referred to as "Covenants and Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any supplemental Declaration (unless the
context shall otherwise prohibit) shall have the following meanings:
(a)"Assessments" shall mean a lot owner's share of the common expenses from time to time
assessed such lot owner by the Association. Assessment or Assessments refer to annual, replacement or
special assessment or any combination thereof.
(b)"Association" shall mean and refer to The Oaks Homeowners Association, Inc., a non-profit
corporation, incorporated under the laws of the State of Mississippi for the purpose of effecting the intents
and objectives herein set forth, its successors and assigns.
(c)"Board of Directors" or the "Board" shall mean and refer to the Board of Directors of the
Association.
(d)"Bylaws" shall mean the bylaws of the Association as they exist from time to time.
(e)"Common Area" shall mean all real property (including the improvements thereon) owned by
the Association for the common use and enjoyment of the Owners. The Common Area to be owned by
the Association at the time of the conveyance of the first lot shall be all of the property less and except all
platted and numbered lots and streets as shown on. the sub-division plat of the Oaks Subdivision, on file
and of record in the office of the Chancery Clerk of Lamar County, Mississippi;
(f)"Common Facilities" shall mean all buildings and improvements constructed on any portion of
the Common Area.
(g)"Declarant" shall mean and refer to The Oaks, LLC, its successors and assigns.
(h)"Declaration" shall mean this instrument as it is from time to time amended;
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(i) "Dwelling" shall mean a residential dwelling house.
(j) Green Space" shall mean certain portions of Common Area which are designated to be
maintained in its natural condition so that the natural, scenic, and recreational resources, soils, wetlands,
wildlife, game and migratory birds currently in evidence at The Oaks Subdivision may be maintained and
enhanced. Such areas are designated as such on the recorded plat. Any Green Space could be used as
common ground.
(k)"Invitees" shall mean an owner's tenants, guests, patrons employees or other guests or
invitees.
(l) Lot" shall mean and refer to any plot or tract of land shown upon the recorded subdivision map
or plat of the Property, exclusive of the Common Area, which is designated as a lot therein and which is,
or will be improved with a residential dwelling.
(m)"Member" shall mean and refer to each owner as provided herein in Article III.
(n) "Mortgagee" shall mean a bank, savings and loan association, insurance company, mortgage
company, real estate investment trust, recognized institutional type lender or its loan correspondent,
agency of the United States government, Federal National Mortgage Association, Home Loan Mortgage
Corporation or individuals, which owns or which is the holder of a Recorded First Mortgage.
(o)"Owner" or "Property Owner" shall mean and refer to the record owner, whether one or more
persons or entitles, of a fee or undivided fee interest in any Lot which is part of the Properties, including
contract sellers, but excluding those persons or entities who hold an interest merely as security for the
performance of an obligation.
(p)"Person" shall mean an individual, firm, corporation, partnership, association, trust or other
legal entity or any combination thereof, including Declarant.
(q)"Property" or "Properties" shall mean and refer to the real property now or hereafter made
subject to this Declaration.
(r)"Recorded First Mortgage" shall be deemed to mean a mortgage or deed of trust properly
recorded In the office of the Chancery Clerk of Lamar County, Mississippi, or other public office
designated by the statutes and laws of the State of Mississippi for the recording of mortgages in Lamar
County, Mississippi, the lien of which is prior, paramount, and superior to the lien of all other mortgages
and deeds of trust.
ARTICLE II
PROPERTY RIGHTS
SECTION 1. OWNERS' EASEMENT OF ENJOYMENT Every Owner shall have the
right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following provisions:
(a)The right of the Association, acting by and through its Board of Directors, to levy reasonable
admission and other fees for the use of any community facilities, if constructed by the Homeowners
Association, situated upon the property by the Members and their families, tenants and guests; provided,
however, that any such fees shall be charged on a uniform basis for each Member; and
(b) the right of the Association to suspend any Member s voting rights and any Member's right to
use the Common Areas and community facilities (except rights to use streets, roadways and parking
areas, which latter rights shalt not be subject to suspension for any reason) for any period during which
any assessment remains unpaid and for any period not exceeding sixty (60) days for any infraction of any
of the published rules and regulations of the Association; and
(c)the right of the Association to dedicate or transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to
by the Members. No such dedication or transfer shall be effective unless two-thirds (2/3rds) of each class
of then Members of the Association consent to such dedication, transfer, purpose and conditions, at a
special meeting of the Members duly called for such purpose or an instrument agreeing to such
dedication or transfer signed by two-thirds (2/3rds) of each class of Members has been recorded, and
(d)The right of the Association, in accordance with its Charter of Incorporation and By-laws, to
borrow money for the purpose of improving the Common Areas and community facilities in a manner
designed to promote the enjoyment and welfare of the Members, and in aid thereof to mortgage any
Common Areas and community facilities, provided, however, that no such borrowing shall be done and
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no mortgage shall be executed unless and until same has been approved by the vote of at least twothirds
(2/3rds) of each Class; and
(e)the right of the Association to take such steps as are reasonably necessary to protect the
Property of the Association against mortgage default and foreclosure; provided, however, that any such
steps are in conformity with the other provisions of this Declaration; and
(f) the right of the Association to adopt reasonable rates respecting use of the Common Areas
and community facilities to reasonably limit the number of guest of members who may use any facilities
on the Property; and
(g)the right of the Association, acting by and through its Board of Directors, to grant licenses,
rights-of-way and easements for access or for the construction, reconstruction, maintenance and repair of
any utility lines or appurtenances, whether public or private, to any municipal agency, public utility, the
Developers or any other person, provided, however, that no such licenses, rights-of-way or easements
shall be unreasonably and permanently inconsistent with the rights of the number to the use and
enjoyment of the Common Areas and community facilities; and
(h)the right of the Association, acting by and through its Board of Directors, to open the Common
Areas and community facilities, or any portions thereof, to a wider group of persons, all for such purposes
and on such bases as the Board of Directors may from time to time consider appropriate; and
(i)the rights of the Owners of Lots to perpetual easements over and upon any of the Common
Areas and community facilities for such portions of their dwellings that may overhang or otherwise
encroach upon any of the Common Areas or community facilities, for support, for the purpose of
necessary repairs and maintenance, for maintenance and reasonable appurtenances to the dwellings,
and for reasonable ingress and egress to and from any dwelling through and over the Common Areas
and community facilities; and
(j)the right of each Member to use the streets, roadways, and vehicular parking areas situated
upon Common Areas and community facilities; provided, however, that each Member shall comply in all
respects with all supplementary rules and regulations which are not inconsistent with the provisions of this
Declaration and which the Board of Directors of the Association may from time to time adopt and
promulgate with respect to parking and traffic control upon the Common Areas and community facilities.
(k)the right to dedicate or grant to Lamar County or such other governmental authority having
jurisdiction over the Property, the streets and right-of-ways as shown on the recorded p1at of The Oaks
Subdivision and all phases and/or additions thereto as annexed pursuant to the provisions of this
Declaration. In the event that said streets and right-of-ways have not been dedicated to Lamar County or
the governmental authority having jurisdiction over the Property the Association shall have the right to
dedicate said streets and right-of-ways to such governmental authority at such time that such authority
will accept the dedication thereof and agree to maintain the streets and right-of-way as public streets.
SECTION 2. RIGHTS NOT SUBJECT TO SUSPENSION. Notwithstanding anything In this
Declaration to the contrary, the Association shall have no authority to suspend, either temporarily or
permanently, any of the rights specified in sub-paragraphs (i) and (j) of SECTION 1 of this Article II for
any reason whatsoever.
SECTION 3. DELEGATION OF USE. Any Owner in good standing may delegate, in
accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of
his family who reside permanently with him, his tenants, or contract purchasers who reside on the
Property and guests, all subject to such reasonable rules and regulations as the Board of Directors of the
Association may adopt and uniformly apply and enforce.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
SECTION 1. MEMBERSHIP. The Members of the Association shall be and consist of each
and all of the following, to-wit:
(a) Every person who is, or hereafter becomes, an Owner of record of the fee title to a Lot. The
expression "owner of record of the fee title to a Lot" shall include a contract seller of any such Lot, but
shall not include any person who owns such title solely as security for the performance of an obligation or
payment of a debt.
(b)The Association shall have two classes of voting membership:
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CLASS A. Class A Members shall be all Members with the exception of Declarant. Class A Members
shall be entitled to one (1) vote for each Lot owned. When more than one person or entity holds an
interest or interests in any Lot, all such persons or entities shall be Members, and the vote for such Lot
shall be exercised as they, among themselves, determine, but in no event shall more than one vote be
cast with respect to any such Lot.
CLASS B. Class B Member(s) shall be the Declarant. The Class B Member(s) shall be entitled to three (3)
votes for each Lot owned except as restricted under SECTION 2 hereof. When the total votes outstanding
in the Class A to membership equal the votes outstanding in the Class B membership, then the Class B
membership shall cease and be converted into Class A membership. Notwithstanding the foregoing, five
years from the date of the conveyance of a Lot to a Purchaser, all Class B membership shall cease and
be converted into Class A memberships.
SECTION 2. VOTING RIGHTS. Each Member shall have one (1) vote in the election of each
officer of the Association. For all other purposes, the voting rights of the Members shall be by class of
membership, and shall be as follows, to-wit:
(a)CLASS A MEMBERS. Each person, or other than persons herein defined as "Declarant", who
is or who hereafter becomes the Owner of a Lot shall be a Class A Member of the Association, Class A
Members shall be entitled to one (1) vote for each Lot owned.
(b)CLASS B MEMBERS. Each of the persons herein defined as "Declarant," and the nominee or
nominees, if any, of each such person, shall be Class B Members of the Association. Class B Members
shall be entitled to three votes for each Lot owned.
SECTION 3. MEMBERSHIPS APPURTENANT TO REAL PROPERTY. In every case,
the membership of both Class A and Class B Members shall be appurtenant to the ownership of a Lot. A
membership shall not be held, assigned, transferred, pledged, hypothecated, encumbered, conveyed or
alienated in- any manner except in conjunction with and as an appurtenance to the ownership,
assignment, transfer, pledge, hypothecation, encumbrance, conveyance, or alienation of the Lot to which
the membership is appurtenant.
SECTION 4.TERMINATION AND REINSTATEMENT OF CLASS B MEMBERS.
If on any one (1) or more occasions all Class B memberships should be terminated, and if after any such
termination any one (1) or more of the Declarants, by annexation to the property in accordance with the
Declaration, should add additional property to the property heretofore subject to the Declaration, then on
each such occasion the status of the Declarants as Class B Members shall be fully reinstated, and
following each such occasion the Declarant, or the nominee or nominees, if any, of the Declarant, shall
continue to be Class B Members until such time as the total votes outstanding of Class A and Class B
Members resulting from the newly added property has been equalized. At such time, the Class B
membership resulting from such addition shall cease and be converted to Class A membership Following
each such reinstatement of the Class B membership, and for so long thereafter as the Class B
memberships shall continue to exist, the Declarants, and the nominee or nominees, if any, of the
Declarants, shall have all rights and powers of Class B membership, as herein prescribed.
SECTION 5. OTHER VOTING PROVISIONS. If the fee title to a particular Lot is owned
of record by more than one person or entity, then the vote appurtenant to such Lot may be exercised by
any one (1) of the fee Owners thereof, unless the other Owner or Owners of such fee title shall object
prior to the completion of voting upon the particular matter under consideration. In the case of any such
objection, the vote appurtenant to said Lot shall not be counted.
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
Declarant, for each Lot owned by him within the Properties, hereby covenants and agrees, and
each purchaser of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in
any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association:
(1) annual maintenance assessments or charges for purposes set forth in ARTICLE IV , SECTION 2,
and (2) special assessments for capital improvements as set forth in ARTICLE IV, SECTION 4 such
assessments to be fixed, established and collected from time to time as hereinafter provided. The annual
maintenance and special individual assessments, together with such interest thereon and cost of
collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien
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upon each Lot against which each such assessment together with such interest thereon and cost of
collection thereof as hereinafter provided, shall also be the continuing personal obligation of the person
who was the owner of such property at the time when the assessment fell due.
SECTION 2. PURPOSE OF ASSESSMENTS. The assessment levied by the Association shall
be used exclusively for the purpose of promoting the health, safety and welfare of the residents of the
Properties, and particular for the improvement and maintenance of the Common Areas; and for paying
the cost of labor, equipment (including the expense of leasing any equipment) and materials required for,
and management and supervision of the Common Area, including but in no way limited to the following:
(a)the amount of all operating expenses for operating the Common Areas and Common Facilities
and furnishing the services furnished to or in connection with the Common Areas and Common Facilities,
including charges by the Association for any services furnished by it; and
(b)the cost of necessary management and administration of the Common Areas and Common
Facilities, including fees Paid to any managing agents; and
(c)the amount of all taxes and assessments levied against the Common Areas and Common
Facilities; and
(d)the cost of fire and extended coverage and liability insurance on the Common Areas and
Common Facilities and the cost of~such other insurance as the Association may place in force with
respect to the Common Areas and Common Facilities; and
(e)the cost of garbage and trash collections to the extent provided by the Association, and of
utilities and other services which may be provided by the Association, whether for the Common Areas
and Common Facilities or for the Lots, or both; and
(f)the cost of maintaining, replacing, repairing and landscaping the Common Areas and Common
Facilities (including, without limitation, the cost of maintaining, replacing and repairing the sidewalks,
streets, other than those accepted by Lamar County, Mississippi for maintenance) and open areas in the
Property, and the cost of such equipment as the Board of Directors shall determine to be necessary and
proper in connection therewith; and
(g)the cost of funding all reserves established by the Association, including, when
appropriate, a general operating reserve and a reserve for replacement.
SECTION 3. MAXIMUM ANNUAL ASSESSMENT. Until January 1st of the year
immediately following the conveyance of the first Lot to an owner, the maximum annual assessment shall
be determined by the Board of Directors. There shall be an additional, one time assessment of fifty
dollars ($50.00) due at the time of the first annual assessment.
(a)From and after January 1st of the year immediately following the conveyance of the first Lot to
an Owner, the maximum annual assessment may be -increased each year not more than ten percent
(10%) above the maximum assessment for the previous year without a vote of the membership.
(b)From and after January 1st of the year immediately following the conveyance of the first Lot to
an Owner, the maximum annual assessment may be increased above ten percent (10%) by a vote of
two-thirds (2/3rds) of each Class of members who voting in person or by proxy, at a meeting duly called
for this purpose.
(c)The Board of Directors may fix the annual assessment at an amount not in excess of the
maximum.
(d) The Declarant shall be exempt from payment of any annual or special assessment.
SECTION 4. SPECIAL ASSESSMENTS.
(a) Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any assessment
year, a special assessment applicable to that year only for the purpose of defraying in whole or in part,
the cost of any construction, reconstruction, repair or replacement of capital improvements upon the
Common Area, including fixtures and personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3rds) of the votes of each class of Members who are
voting in person or by proxy at a meeting duly called for this purpose.
(b) Special Assessments for Work Performed by Declarant or the Association.
The Association is hereby authorized to access any Lot for cost of all work or activity performed on any
such Lot pursuant to ARTICLE VII, SECTION 4 or ARTICLE X, SECTION 15.
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SECTION 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS
3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under
section 3 and 4 shall be sent to all members not less then thirty (30) days nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled
to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same notice requirement,
and the required quorum at the subsequent meeting shall be one-half ( ) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
SECTION 6. UNIFORM RATE OF ANNUAL AND SPECIAL ASSESSMENTS
Both annual and special assessments for capitol improvements must be fixed at a uniform rate for all Lots
and shalt be payable as set forth in SECTION 7. Unless two-thirds (2/3rds) of each class of Members and
their respective first mortgages (and if their interest be affected, the Federal National Mortgage
Association, Federal Housing Administration and the Veterans Administration) have given prior written
approval, the Board of Directors of the Association shall not change the pro rata interest or obligations of
any Lots (or Owner thereof) for the purpose of levying annual and special capital assessments and
charges. The Association may add to the assessments to an individual Lot Owner such additional
maintenance expense as may be required to care for such Owner's yard to the extent the extra expense
is due to special or extraordinary landscaping beyond that which Is normal among the other Owners.
SECTION 7. DATE OF COMMENCEMENT OF ASSOCIATION: DUE DATE. The annual
assessments provided for herein shall commence on the date of title transfer. The first assessment shall
be prorated as of the date of title transfer, and annual assessments shall be due on January 1st of each
year thereafter.
SECTION 8. DUTIES OF THE BOARD OF DIRECTORS WITH RESPECT TO
ASSESSMENTS.
(a)The Board of Directors of the Association shall fix the date of commencement and the amount
of the assessment against each Lot for each assessment period at least thirty (30) days in advance of
such date or period, and shall, at the time, prepare a roster of the Lots and assessments applicable
thereto which shall be kept in the office of the Association.
(b)Written notice of the assessment shalt thereupon be delivered or mailed to every owner
subject thereto.
(c)The Board of Directors shall upon demand at any time furnish to any owner liable for said
assessment, a certificate in writing signed by an officer of the Association, setting forth whether said
assessment has been paid. Said certificate shall be conclusive evidence of payment of any assessment
therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of
such certificate.
SECTION 9. EFFECT OF NONPAYMENT OF ASSESSMENT; THE PERSONAL
OBLIGATION OF THE OWNER; THE LIEN; REMEDIES OF ASSOCIATION
(a)If any assessment or any part thereof is not paid on the date(s) when due, then the unpaid
amount of such assessment shall, together with such interest thereon and cost of collection thereof as
hereinafter provided, become a continuing lien on the Lot of the non-paying Owner, which lien shall be
binding upon such Lot and the Owner thereof, his heirs, executors, devisees, personal representatives
and assigns. The Association shall have the right to reject partial payment of an assessment and demand
the full payment thereof. The obligation of the then existing Owner to pay each assessment, however,
shall remain his personal obligation and shall not be extinguished by transfer of title. The lien for unpaid
assessment shall be unaffected by any sale or assignment of a Lot and shall continue in full force and
effect. No Owner may waive or otherwise escape liability for the assessment provided herein by
abandonment of his Lot.
(b)The Association shall give written notification to the holder(s) of the mortgage on the Lot of the
non-paying Owner of such Owner's default in paying any assessment when such default has not been
cured within sixty (60) days, pursuant to ARTICLE XIII, SECTION 7 of the Declaration.
(c)If any assessment or any part thereof is not paid within forty (40) days after the delinquency
date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the
maximum interest rate per annum which can be charged to individuals and the Association may, at its
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election, bring an action at law against the Owner personally obligated to pay the same in order to
enforce payment and/or to foreclose the lien against the Property subject thereof after giving Notice to the
holder of any Recorded First Mortgage as set out in ARTICLE XIII. There shall be added to the amount
of such assessment the costs preparing and filing the complaint in such action and in the event a
judgment is obtained, such judgment shall include interest on the assessment as above provided and a
reasonable attorney's fee to be fixed by the court, together with the costs of the action and/or all costs of
foreclosure, including a reasonable attorney's fee.
SECTION 10. RESERVES AND REPLACEMENTS. The Association shall establish and
maintain a reserve fund for replacement of the Common Area and community facilities, and shall allocate
and pay to such reserve fund whatever amount may be designated from time to time by the Board of
Directors. Amounts paid into such fund shall be conclusively deemed to be a common expense of the
Association, and all such amounts may be deposited in any banking institution, or, in the discretion of the
Board of Directors, may be invested in obligations fully guaranteed as to principal by the United States of
America. The reserve for replacements is for the purpose of affecting the replacement of the Common
Areas end community facilities, for major repairs to any sidewalk, parking areas, streets or roadways on
the Property, for such equipment replacement, end for startup expense and operating contingencies of a
nonrecurring nature related to the Common Areas end community facilities. The Association may
establish such other reserve for such other purpose as the Board of Directors may from time to time
consider to be; necessary or appropriate. The proportional interest of each Member in any such reserves
shall be considered an appurtenance to his Lot, and shall not be withdrawn, assigned or transferred
separately from or otherwise than as an appurtenance to the Lot to which it appertains, end shall be
deemed to be transferred with such Lot.
SECTION 11. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the
assessment provided herein shall be subordinate to the lien of any Recorded First Mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant
to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as
to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot
from liability for any assessments thereafter becoming due from the lien thereof.
SECTION 12. EXEMPT PROPERTY. The following Property subject to this Declaration shall
be exempt from the assessments, charges and liens created herein:
(a)All properties dedicated and accepted by the local public authority and devoted to public use.
(b)All areas unplatted or reserved by the Declarant on the recorded plat of the Property.
(c)All lots owned by declarant
ARTICLE V.
GENERAL POWERS AND DUTIES OF BOARD
OF DIRECTORS OF THE ASSOCIATION
SECTION 1. POWERS AND DUTIES. The declarant shall organize the association and
appoint Board Members for the first term. The Board of Directors shall have all the powers, authorities
and duties necessary or appropriate for the management and administration of the affairs of the
Association, and in managing and administering such affairs, the Board of Directors shall have all the
power and authority to do all acts and things except those which by law or by the Declaration or by the
Charter or by the By-Laws may be exercised and done only by the Members. The powers, authorities
and duties of the Board of Directors shall include, but shall not be limited to, the following:
(a)To provide for the care, up keep and surveillance of the Common Areas and community
facilities and services in a manner consistent with law and the provisions of the By-Laws and this
Declaration; and
(b)To provide for the establishment, assessment, collection, use end expenditures of
assessments and carrying charges from the Members, and for the filing and enforcement of liens thereof
in a manner consistent with law and the provisions of the By-Laws and this Declaration; and
(c)To provide for the designation, hiring and dismissal of the personnel necessary and
appropriate for the proper care and maintenance of the Common Areas and community facilities and to
provide service on the project in a manner consistent with law and the provisions of the By-Laws and this
Declaration; and
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(d)To provide for the promulgation and enforcement of such rules, regulations, restrictions and
requirements as may be deemed proper respecting the use, occupancy and maintenance of the Common
Areas and community facilities, including but by no means limited to rules, regulations, restrictions and
requirements designed to prevent unreasonable interference with tee use of the Common Areas and
community facilities by the, Members and others, all of which rules, regulations, restrictions and
requirements shall be consistent with law and the provisions of the By-Laws and this Declaration; and
(e)To authorize, in their discretion, the payment of patronage refunds if and when the funds
derive from assessments shall prove to be more than sufficient to meet all reasonably foreseeable needs
of the Association during then current fiscal year; and
(f)To purchase insurance upon the Common Areas and community facilities in a manner
provided for in the By-Laws and this Declaration; and
(g)To repair, restore or reconstruct all or any part of the Common Areas and community facilities
after any casualty Loss in a manner consistent with law and the provisions of the By-Laws and this
Declaration and otherwise improve the Common Areas and community facilities; and
(h)To lease and to grant licenses, easements, right-of-way, and other rights of use in all or any
part of the Common Areas and community facilities; and
(i)To purchase Lots and so lease, mortgage or convey the same, subject to the provisions of the
By-Laws and this Declaration; and
(j)To employ for the Association, at their sole discretion, a management agent or manager (herein
at times referred to as the "Management Agent") at a rate of compensation established by the Board of
Directors to perform such duties and services as the Board of Directors from time to time shall prescribe.
Any management agreement entered into by the Association shall provide, inter alia, that such agreement
may be terminated for cause by either party upon thirty (30) days' written notice to the other party. The
term of any such management agreement shall not exceed one year; provided, however, that the term of
any such management agreement may be renewable by mutual agreement of the parties for successive
one-year periods.
ARTICLE VI
INSURANCE
(a)The Association shall obtain fire and extended coverage and comprehensive public liability
insurance in such limits, form, and companies, as the Board shall deem advisable to adequately insure
the Common Areas and Common Facilities and protect the Owners from and against liability in
connection with the Common Area.
(b)All costs, charges and premiums for all insurance authorized by the Board as provided herein
shall be a common expense of all Owners and a part of the assessment.
(c)Each Owner shall keep his residence insured at all times for its full replacement value against
losses due to fire, windstorm, hail, explosion, riot, civil commotion, aircraft, vehicles, and smoke, and any
other hazards that may be covered under standard extended coverage provisions, and shall furnish the
Association proof of such coverage. In every case of a loss due to these hazards, each Owner shall
promptly repair or rebuild his Lot from the insurance proceeds. Repair or reconstruction of the
improvements as used here shall mean restoring the improvements to substantially the same condition
which existed prior to the damage.
(d)Each Owner's fire insurance policy shall contain a waiver of subrogation clause; and each
Owner shall furnish the Association with a copy of his policy. Each Owner does, by his acceptance of a
deed, irrevocably constitute and appoint the Association his true and lawful attorney in his name, place,
and stead for the purpose of accomplishing the repair or reconstruction of the improvements in the event
the Owner fails or refuses to carry out any of the provisions contained herein. If insurance proceeds are
insufficient to cover the cost of reconstruction, then the Association may pay the excess and the cost
thereof shall become a part of the assessment to which said Lot is subject.
(e)Each Owner shall be responsible at his own expense and cost for his own personal insurance
on the contents of his own residence, carport or parking space, including decorations, furnishings and
personal property stored elsewhere on the Properties; and for his personal liability not covered by liability
insurance for all Owners obtained as a part of the common expense.
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ARTICLE VII.
AD VALOREM PROPERTY TAXES
Each Owner shall-be responsible for and promptly pay ad valorem taxes on his Lot. The
Association shall pay the ad valorem taxes on the Common Area and Common Facilities.
ARTICLE VIII.
ARCHITECTURAL CONTROL
SECTION 1. ARCHITECTURAL REVIEW.
(a) No building, fence, wall, or other structure shall be commenced, erected, placed, altered, or
maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made
until the proposed plans, including a plot plan showing the proposed location of such building or structure,
drives and parking areas, and specifications showing the nature, kind, shape, height, materials, exterior
color or finish, landscape plan, and construction schedule shall have been submitted to and approved in
writing by the Board, or by an Architectural sub-committee, or the Architectural Review Committee,
composed of three (3) or more representatives appointed by the Board. No alteration in the exterior
appearance of any building or structure shall be made without like approval from the Architectural Review
Committee.
(b)Two (2) copies of all plans and related data shall be furnished the Architectural Review
Committee. One copy shall be retained by the committee and the other copy shall be retained by the
Property Owner or Builder marked "Approved" or "Disapproved". Approval shall be dated and shall not be
effective for construction commenced more than six (6) months after such approval. Disapproved plans
and related data shall be accompanied by a reasonable statement of items found unacceptable. In the
event the Board, or its designated committee, fails to approve or disapprove such design and location
within thirty (30) days after said plans and specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully complied with.
(c)No approval of plans and specifications, and no publication or architectural standards bulletin
shall ever be construed as representing or implying that such plans, specifications or standards will, if
followed, result in a properly designed residence. Such approvals and standards shall in no event be
construed as representing or guaranteeing than any residence will be built in a good, workmanlike
manner. The Board or Committee may require payment of a cash fee, as established from time to time
by the Board, to partially compensate for the expense of reviewing plans or related data, at the time they
are submitted for review. This paragraph shall not apply to any, Property utilized by a governmental
agency or institution.
(d)Refusal of approval of plans, specification, or location may be based by the Architectural
Review Committee upon any ground, including purely aesthetic consideration, so long as they are not
arbitrary and capricious. Neither the board or the Architectural Review Committee shall be liable to a
Property Owner or to any other person on account of any claim, liability or expense suffered or incurred
by or threatened against a Property Owner or such other person arising out of or in any way relating to
the subject matter of any reviews, acceptances, inspections, permissions, consents or required approvals
which must be obtained from the Architectural Review Committee or public authorities whether given,
granted or withheld.
(e)The Declarant, including its members and their companies, shall be exempt from complying
with the requirements to have its plans approved by the Architectural Review Committee.
SECTION 2. BUILDING SIZES AND LOCATION
(a)The living area of the main house or residential structure constructed as a one-story residence
on any Lot, exclusive of porches and garages shall be not less than 1200 square feet of heated and
cooled area. In the case of any residence of more than one story, the requirements as to living area shall
be at least 1600 square feet for both floors with not less than 1100 square feet on the ground level.
(b)No residential building shall be erected on any Lot nearer than thirty feet (30') from the front lot
line, twenty feet (20') from the rear lot line and ten feet (10') from the side lot line. Corner lots: thirty feet
(30’) from side street property line.
(c)It may be impossible or inadvisable to enforce the above stated setback requirements due to
the natural terrain, lot configurations and/or proximity of adjacent structures. Therefore notwithstanding
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anything else herein to the contrary, the Architectural Review Committee may approve specific deviations
to said setback requirements which it believes to be beneficial to a specific homesite or to adjacent
homesites.
SECTION 3. TOPOGRAPHY AND VEGETATION. Topography and vegetation characteristics
of the Property shall not be altered by removal, reduction, cutting, excavation or any other means without
the prior written approval of the Architectural Review Committee.
SECTION 4. TREE REMOVAL. No trees, bushes or underbrush of any kind may be
removed without the written approval of the Architectural Review Committee. Provided that a buffer ten
feet in width can be maintained on each side of the Property, approval for the removal of trees located
within the main dwelling or accessory building or within ten (10) feet of the approved sites for such
building will be granted unless such removal will substantially decrease the beauty of the Property.
SECTION 5. RULES AND REGULATIONS. ETC. The Architectural Review Committee may
from tine to time adopt and promulgate such rules and regulations regarding the form and content of
plans and specifications to be submitted to it for approval, and may publish and record such statements of
policy, standards, guidelines, and may establish such criteria relative to architect styles or details, colors,
setbacks, materials or other matters relative to architectural review and the protection of the environment,
as it may consider necessary or appropriate. No such rules, regulations, statements, criteria or the like
shalt be construed as a waiver of the provisions of this Article or any other provision or requirement of
this Declaration. The decisions of the Architectural Review Committee shall be final except that any
member who is aggrieved by any action or forbearance from action by the Committee (or any policy,
standard, or guideline established by the Committee) may appeal the decision of the Architectural Review
Committee to the Board of Directors, and upon written request, such members shall be entitled to a
hearing before the Board of Directors. The Architectural Review Committee may give a variance upon
request, depending on each situation.
SECTION 6. ENVIRONMENTAL HAZARDS.
(a) To secure the natural beauty of the Property, the Architectural Review Committee may
promulgate and amend from time to time rules and regulations which will govern activities which may, in
its judgement, be environmental hazards such as the application of fertilizers and pesticides or other
chemicals. Failure of any Property Owner or tenant of Property in The Oaks Subdivision to comply with
the requirements of such rules and regulations shall constitute a breach of this Declaration.
(b)The respective Property Owner(s) shall be responsible for complying with all applicable local,
state
or federal environmental rules and regulations, including but not limited to use and storage of hazardous
materials, storm water runoff, erosion, etc.
(c)The Declarant hereby reserves unto itself, its successors, assigns and agents a perpetual and
reasonable right on, over and under all Property in The Oaks Subdivision for the purpose of taking any
action necessary to effect compliance with such environmental rules and regulations. The cost of- such
action by the Declarant shall be paid by the respective Property Owner(s) of the property upon which the
work is performed, in addition the Property
Owner(s) shall indemnify and hold harmless the Declarant for any costs, fines, assessment or other
damages caused
by his or her action or nonaction in complying with any environmental rules or regulations.
(d) Any expense incurred will be paid by property owner or subject to lien on property.
SECTION 7. FUTURE SITE CONTROL. To prevent successive "run" or drainage from any
Lots, the Declarant and the Architectural Review Committee reserves the right to establish a maximum
percentage or Property which may be covered by a building, patio, driveway or other structures. In the
establishment of such maximum percentage, the Declarant and the Architectural Review Committee shall
consider topography, percolation rate of the soil, soil types and conditions, vegetation cover and other
relevant environmental factors. Neither this nor any other right reserved herein by the Declarant or the
Architectural -Review Committee shall be construed however, to be an obligation of either the Declarant
or the Association to take any action.
SECTION 8. WILDLIFE. No hunting or trapping shall be permitted on any portion of the
Property except for undesirable wildlife as authorized by the Board of Directors. All Property Owners are
encouraged to help maintain a natural environment and habitat for wildlife.
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SECTION 9. DRIVEWAYS AND GARAGES. Each residential building shall provide for
off street parking in the form of a paved driveway from the street to the garage or carport as approved by
the Architectural Review Committee. All driveways shall be constructed of a hard surface material, such
as concrete, asphalt, or brick. No gravel or dirt shall be permitted. If a culvert is required for driveway
purposes, then the owners shall comply with specifications for the culvert to be provided by the
Committee, however, the cost and expense of installing said culvert shall be the responsibility of the lot
owner. All garages shall have garage doors installed, and the doors shall be of a color to match the
siding or trim of the dwelling.
SECTION 10. MAILBOXES The Committee has pre-selected a style of mailbox and requires
property owners to select this style for their residences. The Committee has information on a specific
style of mailbox.
SECTION 11. ROOF . The pitch of the main roof should not be less than 7:12 pitch. The
Architectural Review Committee may approve a lesser pitch if designer can show that it is more
appropriate to the proportions of the house. Grey or Black Architectural Style Shingles are required.
SECTION 12. CHIMNEYS. All exposed portions of chimneys must be brick, stucco, synthetic
stucco, or hardiplank siding. Chimney caps are required and materials may be brick, slate, terra cotta,
anodize aluminum or copper. Stack vents are to be painted the color of the roof and must be located in
the rear of the home where possible.
ARTICLE IX
EASEMENTS
SECTION 1. UTILITY EASEMENTS.
(a)Easements for installation, maintenance, repair and removal of utilities and drainage facilities
and floodway easements over, under and across the Property are reserved by Declarant for itself, its -
successors and assigns, the Association and each Owner. Full rights or ingress and egress shall be had
by Declarant and its successors and assigns and the Association at all times over the Common Area or
any Lot on which an easement has been reserved or granted for the installation, operation, maintenance,
repair or removal of any utility together with the right to remove any obstruction that may be placed in
such easement that would constitute interference with the use of such easement, or with the use,
maintenance, operation or installation of such utility.
(b)The Association acting by and through its Board of Directors or Declarant may hereafter grant
easements for utility purposes for the benefit of the Property or for the benefit of individual lots. Including
the right to install, lay, maintain, repair and replace water mains and pipes, sewer lines, gas mains,
telephone and computer type equipment, electrical conduits and wires over, under, along or on any
portion of the Property and the ownership of any Lot shalt be subject to such easements.
(c)Notwithstanding anything herein expressly or implied to the contrary, this Declaration shall be
subject to all easements heretofore or hereafter granted by the Declarant for the installation and
maintenance of utilities, sewers, drainage and similar facilities that are necessary or appropriate for the
development of the Property.
(d)The above reservations and rights expressly include the right to cut any trees, bushes, or
shrubbery, rights to make any gradings of the soil, or take any other similar action reasonably necessary
to provide economical and safe utility installment maintain reasonable standards of health, safety and
appearance.
SECTION 2. INGRESS AND EGRESS BY THE ASSOCIATION. Full rights of ingress
and egress shall be had by the Association at all times over and upon each Lot for the maintenance and
repair of each Lot in accordance. with the provisions hereof, and for the carrying out by the Association of
its functions, duties and obligations hereunder; provided, that any such entry by the Association upon any
Lot shall be made with as little inconvenience to the Owner as practical, and any damage caused thereby
shall be repaired by the Association at the expense of the maintenance fund.
ARTICLE X
USE RESTRICTIONS
The Property shall be subject to the following use restrictions:
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SECTION 1. USE OF LOTS AND DWELLINGS. Except as permitted by Section 10. hereof,
each Lot and dwelling shall be used for residential purposes only, and no trade and business of any kind
may be carried on therein.
SECTION 2. EXTERIOR APPEARANCES. Each Property Owner shall provide a screened
area or shall store or place garbage receptacles, fuel tanks or similar storage receptacles, electric and
gas meters, air conditioning equipment, clotheslines, and other unsightly objects in such a manner that
they will be concealed from view from the street.
SECTION 3. SIGNS No signs, advertising or ornaments of any kind shall be
maintained or permitted on any property subject to this Declaration without the express written permission
of the Architectural Review Committee except for real estate "For Sale" signs, used by the Declarant,
Owner, contractor or Owner's Real Estate Agent. The approval of any signs and posters, without
limitation, name and address signs, shall be upon such conditions as may be from time to time
determined by the Architectural Review Committee and may be arbitrarily withheld. If any such sign or
advertising device is approved, it shall be subject to the right of the Architectural Review Committee to
restrict the size, color and content. Notwithstanding the foregoing, the restrictions of this Section 3 shall
not apply to Declarant, his agents or assigns, so long as Declarant shall own any of the Lots. In addition,
the Board of Directors, on behalf of the Association, shall have the right to erect reasonable and
appropriate signs on any portion of the Common Area and within those easement areas established
under the Declaration.
SECTION 4. DETACHED BUILDINGS. In addition to the single family dwelling which may
be constructed on each Lot, a detached garage and one (1) additional permanent detached building may
be constructed not to exceed more than two hundred (200) square feet. Any variance in this requirement
must be approved prior to commencement of construction by the Architectural Review Committee. All
such detached buildings shall be architecturally compatible with the dwelling constructed or to be
constructed on the Lot. No such building shall be placed or permitted on any Lot nearer than thirty-five
(35) feet to the property line on which the dwelling fronts.
SECTION 5. TRUCKS, BOATS, MOBILE HOME TRAILERS, OTHER VEHICLES AND
TEMPORARY BUILDINGS No truck or vehicle exceeding one (1) ton shall be stored or parked on
any Lot, Common Area or other area at any time. All automobiles owned or used by Owners or
occupants, other than temporary guests and visitors, shall, as far as possible, be parked in enclosures
which screen the automobile from street view. No temporary building structure, mobile home or house
trailer shall be moved upon or otherwise placed or permitted upon any Lot or Common Area.
Recreational Vehicles, including boats, may be parked on any Lot on which a residence has been
constructed provided they are kept on private driveway or inside an enclosed building or area.
SECTION 6. UNSIGHTLY CONDITIONS AND NUISANCE. It shall be the responsibility of
each Property Owner and tenants thereof to prevent the development of any unclean, unsightly or unkept
conditions of buildings or grounds on the Property which shall tend to substantially decrease the beauty of
the community as a whole or as a specific area. No rubbish or debris of any kind shall be dumped,
placed or permitted to accumulate upon any portion of the Property. Nor shall any nuisance or odors be
permitted to operate upon, or arise from the Property, so as to render any portion thereof unsanitary,
unsightly, offensive or detrimental to persons using or occupying any other portions of the Property.
Nocuous or offensive activities shall not be carried on in any Lot dwelling or any part of the Common
Areas.
In the event the Association deems necessary to enter any property to correct above mentioned matters,
the Association has the right to enter, correct and charge lot owner for any expense incurred or property
will be subject to lien on property.
SECTION 7. ANTENNAS No television antenna or other electronic receiving
or transmitting device shall be located or placed in or upon any Lot, except there shall be permitted one
satellite dish antenna not to exceed 24" in diameter to be placed on the residence or in the rear yard. No
dish antenna shall be permitted to be place in the front yard of any lot.
SECTION 8. LIGHTS The design and location of landscape lighting fixtures shall be subject
to the approval of the Architectural Review Committee. Neither these or any other illumination devices,
including but not limited to Christmas ornaments, located anywhere on the structure or grounds of any Lot
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shall be located, directed or of such intensity to affect adversely the nighttime environment of any
adjoining Property.
SECTION 9. PETS. No animals, reptiles, wildlife, livestock or poultry of any kind shall be
raised, bred, kept, staked or pastured on the Common Area or on any Lot, except dogs, cats, birds or
other household pets which shall be kept and maintained provided they are not kept, bred or maintained
for any commercial purpose and provided that they do not become a nuisance. No dogs or other pets
shall be permitted to have excretions on any Common Areas, except for areas designated by the
Association for such purposes, if any, and Owners shall be responsible to clean-up any such excretions.
For purposes hereof, household pets shall mean dogs, cats, and other animals expressly permitted by
the Association, if any. ALL PETS SHALL BE KEPT ON A LEASH WHEN NOT IN THE RESIDENCE OR
FULLY ENCLOSED REAR YARD. Pets shall also be subject to all applicable rules and regulations.
Nothing contained herein shall prohibit the keeping of fish or domestic (household-type) birds, as long as
the latter are kept indoors and do not become a source of annoyance to neighbors.
SECTION 10. SALES AND CONSTRUCTION ACTIVITIES. Notwithstanding any provisions
or restrictions contained in this Declaration to the contrary, it shalt be expressly permissible for Declarant
and its agents, employees, successors and assigns to maintain and carry on such facilities and activities
as may be reasonably required, convenient or incidental to the completion, improvement, and sale of Lots
and/or dwellings or the development of Lots, dwellings, Common Areas and the additional property,
including, without limitations, the installation and operation of sales and construction trailers, offices and
dwellings as may be approved by the declarant from time to time, provided that the location of any
construction trailers or any assignees of the Declarant's rights under this Section 10 shall be subject to
Declarants approval. The right to maintain and carry on such facilities shall contain specifically the right
to use dwellings as model residences, and to use any dwellings as office for the sale of Lots and/or
dwellings, and for related. activities.
SECTION 11. TIME SHARING. No Lots or Dwellings shall be sold under any time
sharing, time interval, or assume of right to use programs
SECTION 12. TRESPASS. Whenever the Association and/or the Declarant is permitted by
the declaration to repair, clear, preserve, clear out or do any action on any part of the Property, entering
any Lot or any portion of the Property and taking such action shall not be deemed a trespass.
SECTION 13. SUBDIVIDED. No Lot shall be subdivided or its boundary lines
changed, except with the written consent of the Board of Directors and the Declarant so long as Declarant
owns any Lots subject to the Declaration, however, the Declarant hereby expressly reserves unto itself,
its successors or assigns the right to replat any Lot or such Lots owned by him, shown on the plat of any
subdivision within Property and to take such other steps as are reasonable necessary to make such
replatted Lot suitable and fit as a building site including, but not limited to, the relocation of easements,
walkways, rights of ways and other amenities to conform to the new boundaries of said replatted Lots.
The provisions of this Section 13 shall not prohibit the combining of two or more contiguous Lots into one
larger Lot, or making two Lots out of three or more contiguous Lots, provided that each of the resulting
Lots are larger and contain a minimum Lot frontage equal to or greater than their original frontage on the
Lot having the least frontage before combining said Lots or portions thereof. Only the exterior boundary
lines of the resulting larger lot(s) shall be considered in the interpretation of these covenants.
SECTION 14. CERTAIN CONSTRUCTION RIGHTS. The Declarant expressly reserves to
itself, its successors, and assigns and any other provisions of this Declaration notwithstanding, the right to
build bridges, walkways, or expanse across any natural or man made canals, creeks, riding trails, paths,
or lagoons in the Property. Nothing in this section shall be construed as placing an affirmative obligation
to the declarant to provide or construct any such improvement.
SECTION 15. CERTAIN CONTROLS
(a)To implement effective insect, reptile, and fire control, and vegetation and trash control, the
Declarant or the Association, and their successors, assigns and agents, have the right to enter upon any
property on which a building or structure has not been constructed and upon which no landscaping plan
has been implemented for the purpose of mowing, removing, clearing, cutting or pruning underbrush,
weeds or other unsightly growth, removing trash or dispensing pesticides on all such property which in
the opinion of the Declarant or the Architectural Review Committee distracts from the overall beauty,
setting and safety of the Property. The cost of this vegetation and trash control shall be kept as low as
15
reasonably possible and shall be paid by the respective Property Owner. Such entry shall not be made
until thirty (30) days after such Property Owner has been notified in writing for the need of such work and
unless such Property Owner fails to perform the work within said thirty (30) day period.
(b)The provisions of this section shall not be construed as an obligation on the part of the
Declarant or the Association to mow, clear, cut, or prune any property, to provide garbage or trash
removal services to perform any grading or landscaping work, construct or maintain erosion prevention
devices, or to provide water pollution control on any privately owned property.
(c)Entrance upon Property pursuant to the provisions of this Section 15 shalt not be deemed
trespass. The rights reserved unto the Declarant and the Association in this section shall not be
unreasonably employed and shall be used only where necessary to effect the stated intents and purpose
of this Declaration.
SECTION 16. COMPLIANCE.
(a) In the event of a violation or a breach of any other restrictions contained in this Declaration by
any Property Owner, or agent of such Property Owner other Property Owners, or in any event, jointly or
severally shalt have the right to proceed at law or in equity to compel a compliance to the terms hereof or
to prevent the violation or breach in any event. In addition to the foregoing, the Declarant and/or the
Association severally shall have the right, but shall not be obligated to proceed at law or in equity to
compel a compliance to the term hereof or to prevent the violation of any breach in any event.
(b)In addition to the foregoing, the Declarant and/or the Association severally shalt have the right,
but shalt not be obligated, whenever there shall have been built at any place on the Property any
structure which is in violation of these restrictions, to enter upon the Property upon which such violation
exists and similarly abate or remove the same at the expense of the Property Owner if, after thirty (30)
days written notice of such violation, it shall not have been corrected by the Property Owner. Any person
entitled to file a legal action for the violation of these covenants shall be entitled to recover reasonable
attorneys fees as a part of such action. Any such entry and abatement or removal shall not be deemed a
trespass.
(c)The failure to enforce any rights, reservations, or restrictions contained in this Declaration,
however long continued shall not be deemed a waiver of this right to do so hereafter as to the same
breach, or as to a breach occurring prior to or subsequent thereto and shall not bar or effect its
enforcement. The invalidation by any court of any restrictions of this Declarations shall in no way affect
any of the other restrictions, but they shall remain in full force and effect.
SECTION 17. FENCES. All fences must be approved by the Architectural Review Committee,
however no chain link fences shall be permitted, and all fences must be in the rear yard area. No fences
shall be allowed in the front yard of any lot, or within any utility or drainage easement. Style of fence to by
approved by Architectural Review Committee, All fences must be neighbor friendly and approved.
SECTION 18. ELECTRICITY All homes shall be built to current Comfort Advantage Standards,
or similar standards, then in effect by Pearl River Valley Electric Power Association. If these standards
are not met, then the lot owner shall be liable for any fees, assessments or charges levied by Pearl River
Valley Electric Valley Association for the installation of the underground utility service across and under
each lot. Property owner is responsible to pay declarant any cost incurred for underground power if the
Power Company standards are not met, declarant has the right to enforce, cause judgment or lien to
collect. All homes must have underground power to home. No overhead poles will be accepted.
SECTION 19. UTILITY LOCATION. All utilities will be placed underground. No overhead poles.
SECTION 20. CONSTRUCTION COMPLETION. Once construction of a residence or any
addition or outside structure has begun, it must be complete and within twelve (12) months.
SECTION 21. PARKING. No vehicle shall be parked on any street or in front of residences on
a frequent, regular or permanent basis after construction of a residence is complete.
SECTION 22. FIREARMS. The use of firearms or airguns or BB guns is strictly prohibited on
the property.
SECTION 23. SEWAGE AND WATER. Sewer and Water service is supplied by City of Sumrall.
Owners is responsible to pay any fees and monthly service charges to City of Sumrall.
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ARTICLE XI
RULE MAKING
SECTION 1. RULES AND REGULATIONS.
(a) Subject to the provisions hereof, the Boards of Directors may establish reasonable rules and
regulations concerning the use of Lots, dwellings end the Common Areas and facilities located thereon.
Particularly and without limitations, the Board of Directors may promulgate from time to time rules and
regulations which will govern activities which may, in the judgement of the Board of Directors, be
environmentally hazardous, such as the applications of fertilizers and pesticides and other chemicals.
(b)Subject to the terms and provisions of this Declaration the Board of Directors may establish
regulations, fees and charges from time to time pertaining to use of the recreational area and amenities
as are now and hereinafter located in the Common Areas.
ARTICLE XII.
PROPERTY SUBJECT TO THIS DECLARATION
SECTION 1. THE PROPERTY. The Property is and shall be held, transferred, sold, conveyed
and occupied subject to this Declaration.
SECTION 2. PHASE DEVELOPMENT. The Declarant hereby expressly reserves the option
and right to add additional lands to this Declaration, pursuant to and subject to the following provisions:
(a)The consent of the Owners shall not be required for the annexation of future phases, and the
declarant may proceed with such annexation at his sole option and determination.
(b)Declarant's option to annex future phases shall expire fifteen (15) years after the date of
recording this Declaration, if not sooner exercised. Declarant may annex and add to The Oaks
Subdivision and include as Property, subject to this Declaration, all or any part of the property described
in Exhibit "A", hereinafter sometimes referred to as "future phases". All Lots, common area, Common
Facilities and Green Space of said future phases, if and when said future phases or a portion thereof is so
annexed, shall be in all respects subject to the provisions, restrictions, covenants, terms and conditions of
this Declaration, the Charter, and By-laws of the Association, and such amendment, restriction, rules and
regulations as may be promulgated thereunder. However, the Declarant may at any time prior to the
expiration of such period terminate his option to add said phase(s) by recording in the office of the
Chancery Clerk of Lamar County, Mississippi, an executed, notarized document terminating this option
and notify each Owner of existing Lots of the decision not to add additional phases. Notice shall be by
U.S. Certified Mail addressed to each Owner at the address of his Lot or at his last known address.
(c)The Declarant may add future phases at different times in any sequence desired by the
Declarant.
(d) In the event that Declarant determines to exercise his option to annex future phases, he shall
have the easements as set forth in Article XIV. If future phases have not been annexed within fifteen (15)
years from the date of recording of this Declaration, all of Declarant's rights to annex future phases shall
terminate
(e) Declarant hereby reserves the right at any time hereafter, prior to the expiration of fifteen (15)
years from the date of recording hereof, without joinder or consent of any Owner or Mortgagee, to record
an amendment(s) to this Declaration executed by the Declarant to properly reflect the addition of future
phases.
(f)The Declarant may make additional lands subject to this Declaration by filing of record a
Supplemental Declaration which shall extend the scheme of the Covenants, Conditions, and Restrictions
of such Declarations to such property or properties; provided, however, that such Supplemental
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 properties but which are not generally inconsistent with the concept of this Declaration, provided,
however, in no event shall such Supplemental Declarations otherwise modify the covenants established
by this Declaration for the existing Properties.
(g) Any additions made pursuant to this Section 2, when made shall automatically extend the
jurisdiction, functions, duties and membership of the Association to the properties added and grant to all
Owners all Property rights set forth in Article II and all easements, privileges and benefits granted by this
Declaration to all properties now or hereafter annexed.
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(h)The covenants conditions and restrictions of this Declaration shall not affect or apply to any of
the real Property described in this Section unless and until such Property or a portion thereof is annexed
by this Declaration pursuant to and in compliance with the provisions of the Section 2 of Article XIII. Upon
a merger or consolidation of the Association with another Association, as provided in its Articles of
Incorporation, its Properties, rights and obligations may, by operation of law, be transferred to another
surviving or consolidated Association or, alternatively, the Properties, rights and obligations of another
Association may, (by operations of law, be added to the properties, rights and obligations of another
association) be added to the Properties, rights and obligations of the Association as a surviving
corporation pursuant to a merger. The surviving or consolidated Association may administer the
covenants and restrictions established by this Declaration, together with the covenants and restrictions
established upon any other properties as on scheme. No such merger or consolidation, however, shall
effect any revocation, change or addition to the covenants established by the Declaration except as
hereinafter provided.
(i)Each Owner hereby grants a power coupled with an interest to the Declarant, its successors
and assigns to make or consent to the said amendment(s) to the Declaration on behalf of each Owner to
add future phases to this Section 2 of Article XII. Title to each Lot is declared and expressly made
subject to the terms and conditions hereof, and acceptance by any Grantee of a deed from the Declarant
or from any Owner shall constitute appointment of the attorney-in-fact herein provided. All of the Owners
irrevocably constitute and appoint Declarant, its successors and assigns, as their true and lawful attorneyin-
fact for the purpose of dealing with the addition of future phases to the Property as herein provided. As
attorney-in-fact, the Declarant shall have full and complete authorization, right and power to make,
execute and deliver an amendment to this Declaration or By-laws or any other instrument with respect to
the interest of a Lot Owner which are necessary and appropriate to exercise the powers herein granted.
(j)Each Owner and each Mortgagee, grantee, heir, personal representative, successor and assign
of each Lot Owner, by such persons or entities acceptance of any deed or mortgage or other interest in or
with respect to any Lot, shall be deemed to have expressly agreed and consented to (i) each and all of
the provisions of this Section 2; (ii) the recording of such amendment to the Declaration and (iii) all of the
provisions of each amendment to this Declaration which may hereafter be recorded in accordance with
the provisions of this Section 2.
(k)DECLARANT SHALL HAVE NO OBLIGATION TO CONSTRUCT OR ADD FUTURE PHASES
TO THE DEVELOPMENT AND DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT
FUTURE PHASES WILL BE ADDED TO THE DEVELOPMENT. EACH OWNER AGREES, BY
ACCEPTANCE OF A DEED TO A UNIT OR LOT, THAT HE/SHE HAS NOT RELIED ON FUTURE
PHASES BEING ADDED TO THE DEVELOPMENT IN PURCHASING HIS/HER LOT.
ARTICLE XIII.
GENERAL PROVISIONS
SECTION 1. DURATION The Covenants, Conditions and Restrictions of this Declaration
shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be
enforceable by the Owners of any land subject to this Declaration, their respective legal representatives,
heirs, successors, and assigns, for a term of thirty-five (35) years from the date this Declaration is
recorded in the Office of the Chancery Clerk of Lamar County, Mississippi, after which time said
covenants shall be automatically extended for the successive periods of ten (10) years unless an
instrument signed by a majority of the Owners has been recorded in the Deed Records, in said Chancery
Clerk's Office agreeing to abolish the said Covenants, Conditions and Restrictions in whole or a
substantial portion thereof; provided, however, that no such agreements to abolish shall be effective
unless made and recorded one (1) year in advance of the effective date of such abolishment.
SECTION 2. AMENDMENTS. Notwithstanding Section 1 of this Article; the Covenants,
Conditions and Restrictions of this Declaration may be amended and/or changed in part with the consent
of ninety percent (90%) of the Lot Owners (for this purpose each Lot Owner shall have one vote for each
Lot owned) if amended and/or changed during the thirty-five (35) year period of this Declaration, and
thereafter said Covenants may be amended or terminated with the consent of at least seventy-five
percent (75%) of the Lot Owners, and in each case such amendment shall be evidenced by a document
in writing bearing each of their signatures. All amendments, if any, shall be recorded in the Office of the
Chancery Clerk of Lamar County, Mississippi.
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SECTION 3. ENFORCEMENT. Enforcement of these Covenants, Conditions and Restrictions
shall be by any proceeding at law or in equity against any person or persons violating or attempting to
violate them, or to recover damages, or to enforce any lien created by these covenants; and failure by
any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
SECTION 4. SEVERABILITY. Invalidation of any one of these covenants or restrictions by
judgement or court order shalt in no wise affect any other provision which shall remain in full force and
effect.
SECTION 5. HEADINGS. The headings contained in this Declaration are for reference
purposes only and shall not in any way affect the meaning or interpretations of the Declaration.
SECTION 6. NOTICES TO OWNERS. Any notice required to be given to any Owner under
the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the
United States mail, postage prepaid, addressed to the last known address of the person who appears as
Owner on the records of the Association at the time of such mailing.
SECTION 7. NOTICES TO MORTGAGEES. Notwithstanding any provisions herein to the
contrary, the holder(s) of a Recorded First Mortgage on any Lot is entitled to, and shall receive, written
notification from the Association of any default by the respective mortgagor/owner in the performance of
such mortgagor s/owner s obligation(s) as established by this Declaration.
SECTION 8. CONSENT OF HOLDERS OF FIRST DEEDS OF TRUST AND FEDERAL
NATIONAL MORTGAGE ASSOCIATION/FEDERAL HOUSING ADMINISTRATION/VETERANS
ADMINISTRATION During any period when any Lot in the project is encumbered by a Recorded First
Mortgage, the Owners, by any act or omission, shall not do any of the following things without the prior
written consent and approval of the holders of all outstanding Recorded Fist Mortgages, and if their
interests be affected, the Federal National Mortgage Associations, Federal Housing Administration and
the Veteran's Administration.
(a)Abandon, partite, subdivide, encumber, sell or transfer any of the Common Area provided,
however, that the granting of rights of way, easements and the like for public utilities or for other purposes
consistent with the use of the Common Area by the Owners shall not be considered an encumbrance,
sale or transfer within the meaning of this Subsection; or
(b)Abandon or terminate this Declaration; or
(c)Modify or amend any material or substantive provision of this Declaration; or
(d)Annex additional properties; or merge or consolidate the Association.
SECTION 9. ADDITIONAL RIGHTS OF MORTGAGEE - NOTICE.
(a)The Association shall promptly notify the holder of the Recorded First Mortgage on any Lot as
to which any assessment levied pursuant to the declaration, or any installment thereof, shall become and
remain delinquent for a period in excess of sixty (60) days, and the Association shall promptly notify the
holder of the Recorded First Mortgage on any Lot as to which there is a default by the Owner with respect
to performance of any other obligation under this Declaration which remains uncured for a period in
excess of sixty (60) days following the date of such default. Any failure to give any such notice shall not
affect the validity or priority of any Recorded First Mortgage on any Lot, and the protection extended in
this Declaration to the holder of any such mortgage shall not be altered, modified or diminished by reason
of such failure. Also, any failure to give any such notice shall not affect the validity of the lien for any
assessment levied pursuant to this Declaration, nor shall any such failure affect any of the priorities for
liens as specified in Article IV hereof.
(b)No suit or other proceeding may be brought to foreclose the lien for any assessment levied
pursuant to this Declaration except after ten (10) days' written notice to the holder of the Recorded First
Mortgage encumbering the Lot which is the subject matter of such suit or proceeding.
(c)Any holder of a Recorded First Mortgage on any Lot upon the Property may pay any taxes,
utility charges or other charges levied against the Common Area which are in default and which may or
have become a charge or lien against any of the Common Area. Any holder of a Recorded First
Mortgage who advances any such payment shall be due immediate reimbursement of the amount so
advanced from the Owners.
(d)No mortgagee and no beneficiary or trustee under a deed of trust shall become personally
liable for or obligated for any unpaid maintenance fund assessment.
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(e) No amendment to this Declaration shall affect the rights of the holder of any Recorded First
Mortgage recorded prior to the recordation of such amendment who does not join in the
execution thereof.
(f)The holders, insurers or guarantors of any first mortgage on a Lot in the Property will, upon
request, be entitled to: (i) inspect the books and records of the Association during normal business hours;
(ii) receive an annual audited financial statement of the Association within ninety days following the end of
any fiscal year of the Association; (iii) written notice of all meetings of the Owners Association and be
permitted to designate a representative to attend all such meetings; and (iv) current copies of this
Declaration, the By-laws of the Association and all other rules concerning the Association.
SECTION 10. CAPTIONS AND GENDER. The captions contained in this Declaration are for
convenience only and are not a part of this Declaration and are not intended in any way to limit or enlarge
the terms and provisions of this Declaration. Whenever the context so requires, the male shall include all
genders and the singular shall include the plural.
SECTION 11. RECORD OF MORTGAGE. Any Owner who mortgages his unit shall notify the
Association of such fact and shall furnish the Association the name and address of his mortgagee and a
copy of his mortgage held by such mortgagee. The mortgagee shall be entitled to notify the Association
that such mortgagee holds a mortgage on a Lot. The Board of Directors may maintain such information
in a book entitled "Holders of Recorded First Mortgage.
SECTION 12 NOTICES. Any notice permitted or required to be delivered as provided
herein shall be in writing and may be delivered either personally or by mail. If delivery is by mail, it shall
be deemed to have been delivered forty-eight (48) hours after a copy of the same has been deposited in
the United States mail, postage prepaid, addressed to any person at the address given by such person to
the Association for the purpose of service of such notice, or to the residence of such person if no address
has been given to the Association; provided, however, that notice of meetings need not be mailed by
Certified Mail, Return Receipt Requested. Such addresses may be changed from time to time by notice in
writing to the Association.
ARTICLE XIV.
DECLARANT'S RIGHTS AND RESERVATIONS
SECTION 1. DECLARANT'S RIGHTS AND RESERVATIONS. No provisions in the Charter,
By-laws or this Declaration shall limit, and no Owner or the Association shall do anything to interfere with,
the right of Declarant to subdivide or resubdivide any portions of the Property, or to complete
improvements or refurbishments (if any) to and on the Common Area or any portion of the Property
owned solely or particularly by Declarant or to alter the foregoing or the construction plans and designs,
or to construct such additional Improvements or add future phases in the course of development of The
Oaks Subdivision pursuant to Article XII, Section 2 of this Declaration as Declarant deems advisable in
the course of development of the Property. Such right shall include, but shall not be limited to, the right to
install and maintain such structures, displays, signs, billboards, flags and sales offices as may be
reasonably necessary for the conduct of his business for completing the work and disposing of the Lots
by sale, lease or otherwise. Each Owner by accepting a deed to a Lot hereby acknowledges that the
activities of Declarant may temporarily or permanently constitute an inconvenience or nuisance to the
Owners, and each Owner hereby consents to such inconvenience or nuisance. This Declaration shall not
limit the right of Declarant at any time prior to acquisition of title to a Lot by a purchaser from Declarant to
establish on that Lot, common Areas, additional licenses, easements, reservations and rights of way to
itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper
development and disposal of the Property. The Declarant need not seek or obtain Board approval of any
improvement constructed or placed by Declarant on any portion of the Property. The rights of Declarant
under this Declaration may be assigned by Declarant to any successor and any interest or portion of
Declarant's interest in any portion of the Property by a recorded, written assignment. Notwithstanding any
other provision of this Declaration, the prior written approval of Declarant, as Declarant of Property will be
required before any amendment to this Article shall be effective while Declarant owns a Lot. Declarant
shall be entitled to the non-exclusive use of the Common Area without further cost of access, ingress,
egress, use or enjoyment; in order to show the Property to his prospective purchasers or lessees and
dispose of the Property as provided herein. Declarant, his assigns and tenants shall also be entitled to
the non-exclusive use of any portion of the Common Area, which comprises drives or walkways for the
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purpose of ingress and egress and accompanying vehicle and pedestrian traffic to and from the Property.
Each Owner hereby grants, by acceptance of the deed to this Lot, an irrevocable, special power of
attorney to Declarant to execute and record all documents and maps necessary to allow Declarant to
exercise his rights under this Article. This Article shall be applicable for so long as the Declarant owns
any portion of the Property.
IN WITNESS WHEREOF DECLARANT HAS CAUSED this instrument to be duly executed on the
day and year first above mentioned.
The Oaks Subdivision, LLC, a Mississippi
limited liability company
By:______________________________
CRAIG FLANAGAN, Managing Member
STATE OF MISSISSIPPI
COUNTY OF LAMAR
PERSONALLY appeared before me the undersigned authority in and for the County and State,
on the ______ day of ______________, A.D., 200__ , the within named, CRAIG FLANAGAN as
Managing Member of The Oaks Subdivision, LLC, a Mississippi limited liability company, who
acknowledged on oath that he signed, executed and delivered the above and foregoing instrument as the
act and deed of said company and after being fully authorized to do so.
__________________________________
Notary Public
My Commission Expires:
_______________________
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THE OAKS SUBDIVISION
Please check off each of the following, acknowledging that you
turned in the correct information for plan approval.
____ 1. A scaled plot plan with house and driveways shown.
____ 2. Plans must include square footage of the home to be
approved along with lot number and a contact name and
phone number.
____ 3. Two sets of site and house plans. The house plans must
show the front, rear, left, and right elevations along with
floor plan.
____ 4. Contractor's name and license number below.
The following convenants acknowledged by initials of applicant:
1. _____ The brick type and color must be approved.
2. _____ Silt fences or other means of appropriate erosion
control, such as bales of hay are required to prevent
run-of on adjoining properties and the street.
3. _____ The site should be kept clean at all times. (No unsightly
lots
of trash laying around, etc.) Developer or assigns has
the right to stop construction and or clean property,
fine and back charge builder and or land owner.
4. _____ Portable toilets are required on the site before
Construction begins.
5. _____ No clearing within 10 feet of the side and rear property
lines. On lots with trees.
6. _____ No burying of trash. No burning with 100 Feet of
Residence or DEQ regulations.
7. _____ Concrete truck must clean out trucks on your lot, not
on other lots or ditches.
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ARTICLE VIII. PAGE 8
ARCHITECTURAL CONTROL
SECTION 1. ARCHITECTURAL REVIEW.
(a) No building, fence, wall, or other structure shall be commenced, erected, placed,
altered, or maintained upon the Property, nor shall any exterior addition to or change or alteration
therein be made until the proposed plans, including a plot plan showing the proposed location of
such building or structure, drives and parking areas, and specifications showing the nature, kind,
shape, height, materials, exterior color or finish, landscape plan, and construction schedule shall
have been submitted to and approved in writing by the Board, or by an Architectural subcommittee,
the Architectural Review Committee, composed of three (3) or more representatives
appointed by the Board. No alteration in the exterior appearance of any building or structure shall
be made without like approval from the Architectural Review Committee.
SECTION 2. BUILDING SIZES AND LOCATION
(a)The living area of the main house or residential structure constructed as a one-story
residence on any Lot, exclusive of porches and garages shall be not less than 1200 square feet
of heated and cooled area. In the case of any residence of more than one story, the
requirements as to living area shall be at least 1600 square feet for both floors with not less than
1100 square feet on the ground level.
(b)No residential building shall be erected on any Lot nearer than thirty feet (30') from the
front lot line, twenty feet (20') from the rear lot line and ten feet (10') from the side lot line. On
corner lots: thirty feet (30’) from side street property line.
(c)It may be impossible or inadvisable to enforce the above stated setback requirements
due to the natural terrain, lot configurations and/or proximity of adjacent structures. Therefore
notwithstanding anything else herein to the contrary, the Architectural Review Committee may
approve specific deviations to said setback requirements which it believes to be beneficial to a
specific homesite or to adjacent homesites. This approval will also have to be approved by a
variance from the City of Sumrall permitting dept.
OWNER CONTRACTOR
Name:________________________ Name:________________________
Address:______________________ Address:______________________
Contact Numbers Contact Numbers
Home:_________________ Home:_______________
Cell:__________________ Cell:________________
Work:_________________ Work:_______________
Received from:_______________________
Date:________________
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THE OAKS SUBDIVISION
As construction commences, please remember the
following:
1. The brick type must be approved.
2. Silt fences or other means of appropriate erosion control, such as
bales of hay are required to prevent run-of on adjoining
properties and the street..
3. Site should be kept clean as possible while construction is being
done.
(No unsightly lots or trash laying around, etc.)
4. No buying of trash. No burning with 100 Feet of Residence or
DEQ regulations.
5. Portable toilets are required on the site before construction
begins and until it is completed.
6. No clearing within 10 feet of the side and rear property lines when
possible.
7. Concrete truck must not clean out trucks on other lots or ditches.
8. Have contractor be as considerate as possible of neighbors.
If you have any questions please direct them to the
Architectural Review Committee