COVENANTS, CONDITIONS & RESTRICTIONS
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USE RESTRICTIONS
All real property within the Properties shall be held, used and enjoyed subject to the following limitations and restrictions.
Section 1 Single Family Residence:
Each Lot shall be used as residence for a single family and for no other purpose. Each garage and/or carport located on a Lot shall be used exclusively for the parking of vehicles and the storage of the personal property of the occupant of such Lot; no garage and/or carport area shall be used as, nor converted to, living and/or sleeping areas. All front yards of Lots shall be landscaped within six (6) months of the close of escrow for each such Lot. The landscaping of the front yard of every such Lot shall include a reasonably appropriate lawn area the area of which shall amount to at least fifty percent (50%) of the total area of each front yard, which lawn area shall thereafter be irrigated, fertilized, mowed and trimmed at intervals sufficient to maintain an attractive appearance. No owner may install or permit any alternative to such lawn areas; specifically prohibited within the front yards of all Lots are “desert scenes” or green (or other colored) concrete or gravel, except when used in conjunction with and not as a substitution for an appropriate lawn area. The Master Association shall (pursuant to Section 14 of this Article or as otherwise provided in this Declaration) have all powers necessary or appropriate to enforce the provisions of this Section, including, without limitation, the right to enter any Lot for the purpose of installing and maintaining the lawn area called for in this Section and the right to assess a Reimbursement Assessment against the appropriate Owner for all costs in connection therewith.
Section 2 Business or Commercial Activity:
No part of the Properties shall ever be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending or other such non-residential purposes; except Declarant, its successors or assigns, may use any portion of the Properties for a model home site, and display and sales office during the construction and sales period. The provisions of this Section shall not preclude professional and administrative occupations without external evidence thereof, for so long as such occupations are in conformance with all applicable governmental ordinances and are merely incidental to the use of the dwelling unit as a residential home.
Section 3 Nuisances:
No noxious or offensive activity shall be carried on, in or upon any Lot or the Common Area, nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to any other Owner. Without limited the generality of the foregoing provisions, no loud noises or noxious odors, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road vehicles or items which may unreasonably interfere with television or radio reception or any Owner in the Properties shall be located, used or placed on any portion of the Properties, or exposed to the view of other Owners without the prior written approval of the Architectural Committee. The Board of Directors shall have the right to determine, in accordance with the By-Laws, if any noise, odor, interference or activity producing such noise, odor or interference constitutes a nuisance.
Section 4 Signs:
No sign, poster, display, billboard or other advertising device of any kind shall be displayed to the public view on any portion of the Properties or any Lot, without the prior written consent of the Architectural Committee, except (a) one (1) sign for each dwelling unit, of not more than six (6) square feet, plain block letters, advertising the dwelling unit for sale or rent, and (b) any and all signs, regardless of size or number, used by Declarant, its successors or assigns, to advertise the Properties during the construction and sales period. All signs or billboards and the conditions promulgated for the regulation thereof shall conform to the requirements of all applicable governmental ordinances.
Section 5 Parking and Vehicular Restrictions:
No Owner or other person shall park, store or keep any vehicle, except wholly within the parking area designated therefore, and any inoperable vehicle shall be stored only in an enclosed garage. No Owner or other personal shall park any vehicle whatsoever on any private street within the Properties. Except as provided in Section 11 of Article XIV hereof, no Owner or other personal shall park, store or keep on any property or street (public or private) within the Properties any large commercial-type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or delivery truck), any recreational vehicle (including, but not limited to, any camper unit, motor home), any bus, trailer, trailer coach, camp trailer, boat, aircraft, mobile home, inoperable vehicle or any other similar vehicle or any vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board, upon any unenclosed parking space, so as to be visible from anywhere in the Properties. The above excludes camper trucks and similar vehicles up to and including three-quarter (3/4) ton rating when used for everyday-type transportation and subject to approval by the Board. No Owner of a Lot shall conduct repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of any Lot or upon the Common Area, except wholly within the Owner’s garage, and then only when the garage door is closed; provided, however, that such activity shall at no time be permitted if it is determined by the Board or its agent to be a nuisance. Garage doors shall remain closed except for reasonable periods while the garages are being used.
Section 6 Animal Restrictions:
No insects, reptiles, poultry or animals of any kind shall be raised, bred or kept on any Lot or the Common Area, except usual and ordinary dogs, cats, fish, birds and other household pets (excluding, without limitation, equine, bovine, sheep, swine, goats and other such animals) which may be kept on Lots, proved that they are not kept, bred or maintained for commercial purposes or in unreasonable quantities, not in violation of the rules and regulations adopted by the Master Association. As used in this Declaration, “unreasonable quantities” shall ordinarily mean more than two (2) pets per household, provided, however, that the Master Association (or the Architectural Committee or such other person or entity as the Master Association may from time to time designate) may determine that a reasonable number in any instance may be more or less. The Master Association, acting through the Board of Directors, shall have the right to prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to any other Owner. Any animals within the Properties must be either kept within an enclosure, an enclosed yard or on a leash being held by a person capable of controlling the animals. Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Properties by an Owner or by members of his family, his tenants or his guests; and it shall be the absolute duty and responsibility of each such Owner to clean up after such animals which have used any portion of the Common Area or any portion of another’s Lot.
Section 7 Trash:
No rubbish, trash or garbage or other waste material shall be kept or permitted upon any Lot or Common Area, except in sanitary containers located in appropriate areas screened and concealed from view, and no odor shall be permitted to arise there from so as to render the Properties, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. Such containers shall be exposed to the view of neighboring Lots only when set out for a reasonable period of time (not to exceed twenty-four (24) hours before and after schedules trash collection hours). There shall be no exterior fires whatsoever except barbecue fires contained within receptacles therefore and fire pits in the enclosed yards designed in such a manner that they do not create a fire hazard. No clothing or household fabrics shall be hung, dried or aired in such a way in the Properties as to be visible to other property, and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk material or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Properties except within an enclosed structure or appropriately screened from view.
Section 8 Temporary Buildings:
No outbuilding, basement, tent, shack, shed or other temporary building or Improvement of any kind shall be placed upon any portion of the Properties either temporarily or permanently. No garage, trailer, camper, motor home or recreational vehicle shall be used as a residence in the Properties, either temporarily or permanently.
Section 9 Common Area Facilities:
Nothing shall be altered or constructed in or removed from the Common Area except upon the written consent of the Architectural Committee, subject to the provisions of this Declaration limiting construction on portions of the Common Area.
Section 10 Outside Installations:
No radio station or short-wave operators of any kind shall operate from any Lot or dwelling unit unless approved by the Board of Directors. No exterior radio antenna, C.B. antenna, television antenna, or other antenna of any type shall be erected or maintained in the Properties. No fence or wall shall be erected, altered or maintained in the Properties. No fence or wall shall be erected, altered or maintained on Lot in the Properties, except with the prior written approval of the Architectural Committee. All walls or fences initially constructed Declarant shall be permanently maintained by the Owners of the Lots on which they are located. Any alterations or modifications of the walls or fences not addressed herein shall be subject to the prior written approval of the Architectural Committee.
Section 11 Insurance Rates:
Nothing shall be done or kept in the Properties which will increase the rate of insurance on any property insured by the Master Association without the approval of the Board, nor shall anything be done or kept in the Properties which would result in the cancellation of insurance on any property insured by the Master Association or which would be in violation of any law.
Section 12 Drilling:
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of any Lot or within five hundred feet (500’) below the surface of the Properties. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 13 Drainage:
There shall be no interference with the established drainage pattern over any Lot within the Properties, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. For the purposes hereof, “established” drainage is defined as the drainage which exists at the time that such Lot is conveyed to a purchaser from Declarant, or that which is shown on any plans approved by the Architectural Committee, which may include drainage from the Common Area over any Lot or Lots in the Properties.
Section 14 Violation of Governing Instruments: There shall be no violation of the restrictions of this Declaration or of the rules and regulation of the Master Association adopted in accordance with the provisions of the By-Laws. If any Owner, his family, guest, licensee, lessee or invitee, violates any such restrictions, the Board may impose a reasonable Reimbursement Assessment upon such Owner for each violation and may suspend the voting privileges of such Owner as further provided in the By-Laws. Such Reimbursement Assessment shall be collectible in the same manner as Regular Assessments hereunder, but the Board shall give such Owner notice and hearing before invoking any such Reimbursement Assessment or suspension.
Section 15 Construction by Declarant:
Nothing in this Declaration, except as provided to the contrary hereinbelow, shall limit the right of the Declarant to commence and complete construction of Improvements to the Properties or to alter the foregoing or the Lots of Common Area or to construct such additional Improvements as the Declarant deems advisable prior to the completion and sale of all of the Properties. The Declarant may use any of the Lots within the Properties owned by it for model home sites and incidental parking. For a period of ten (10) years from the date the first escrow closes in the first phase of the overall development covered (or to be covered upon annexation of additional real property) by this Declaration or until such time as Declarant has sold all properties owned by it in such overall development to individual Owners, whichever event first occurs, the Declarant shall have the right and an easement to enter upon, use and enjoy and designate and permit others (including, without limitation, Declarant’s agents, employees, representatives, contractors and prospective purchasers) to enter upon, use and enjoy the Common Area for any purpose in connection with or incidental to the construction, development, sale, lease or other transfer of property within or adjacent to the Properties (including, without limitation, the erection, construction and maintenance of displays, sales offices and incidental parking, exhibits, signs and other structures), provided, however, that the exercise of such right and easement shall not unreasonably interfere with the reasonable use and enjoyment of the Common Area by the Members.
Section 16 View Obstruction:
No fence, structure, improvement or vegetation shall be constructed or planted anywhere on a Lot, if to do so may interfere with the view from any adjacent or nearby Lot, except that Declarant may vary or exceed said height or location of any Improvement in accordance with its architectural and landscaping plans. In the event of a dispute between Lot Owners as to the obstruction of a view, such dispute shall be submitted to the Architectural Committee whose decision in such matter shall be binding. Any such obstruction shall, upon request of the Architectural Committee, be removed or otherwise altered to the satisfaction of the Architectural Committee by the Owner of the Lot upon which the obstruction is located. Each Owner by accepting a deed to a Lot hereby acknowledges that any construction by Declarant may impair the view of such Owner and hereby consents to such impairment.
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