Arbor Lane Homeowners Association
This is a retyped copy for informational purposes only.
Please consult your closing papers or local tax recording office for an official copy.
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS AND RESTRICTIONS,
ESTABLISHMENT OF A HOMEOWNERS ASSOCIATION,
DECLARATION OF INITIAL FEES
This Declaration of Protective Covenants, Conditions and Restrictions; Establishment of a Homeowners Association and Initial Declaration of Homeowners Association Annual Fee are applicable to Arbor Lane, lots 1-114 inclusive (excepting lots 31 and 32 until future events dictate as herein set forth) and Tracts A, B, and C. Arbor Lane is a residential subdivision located in the City of Sherwood, Washington County, Oregon. Arbor Lane is a plat recorded in Plat Book 107 and Page 31-34.
WHEREAS, West Hills Development Co., hereinafter referred to as Declarant, is owner in fee simple of the above described real property with the exception of lots 31 and 32 which are owned by John K. and Ruby E. Seeley as trustees of the John K. and Ruby E. Seeley Trust dated September 15, 1993 (hereinafter Seeley) and recorded as Washington Count Deed records Document No. 93084820; and,
WHEREAS, Seeley joins this declaration for the limited purposes set forth herein regarding ownership and future development of lots 31 and 32 and specifically declares that Seeley will not otherwise be considered a Declarant as the term is used herein therefore leaving West Hill Development Co. as the Declarant for the purposes of defining the obligators, liabilities and rights established of the Declarant in this document; and
WHEREAS, the Declarant desires to declare of public record its intention to create a Homeowners Association for the maintenance of landscaping improvements and entry monuments; to provide for ownership and maintenance of Tracts A, B and C; and to create certain protective covenants, conditions and restrictions in order to effectuate a general scheme of development providing benefits and obligations for the owner or owners of said property; and,
WHEREAS, Tract A: shall be deeded by Declarant to the City of Sherwood as open space. The preservation and maintenance of Tract A as open space area in its natural state shall be the responsibility of the Arbor Lane Homeowners Association, notwithstanding that said tracts shall be owned by the City of Sherwood, Declarant shall install within Tracts A and B an eight (8) foot pedestrian and bicycle pathway shall be the responsibility of the City o Sherwood.
WHEREAS, Tract B is intended to serve as the location of a water quality and detention facility. The ownership of Tract B will be deeded by the Declarant to the City of Sherwood. Declarant shall install all necessary improvements to Tract B as required by the Unified Sewerage Agency of Washington County (hereinafter U.S.A.) and the above mentioned eight (8) foot path. The maintenance of the water quality facility portion of Tract B to, at a minimum, the standards established by U.S.A. shall be the responsibility of the Arbor Lane Homeowner Association. Maintenance of landscaping within Tract B but outside of the water quality facility improvements shall also be the responsibility of the Arbor Lane Homeowner Association. Maintenance of landscaping within Tract B but outside o the water quality facility improvements shall also be the responsibility of Arbor Lane Homeowner Association. Maintenance of any pedestrian and bicycle pathway through Tracts A and B shall be the responsibility of the City of Sherwood.
WHEREAS, Tract C is to be the location of a Private Street serving Arbor Lane lots eight (8) and nine (9) and Tax Lot 800 (Document No. 88-44812 Washington County, Oregon records.) The deed to Tract C shall be in the name of the Arbor Lane Homeowners Association but the sole responsibility for maintenance and replacement of its Declarant installed improvements shall be that of the owners of Arbor Lane lots eight (8) and nine (9) and the above identified Tax Lot 800 (Document No. 88-44812), if said Tax Lot 800 or any future divided part thereof utilizes Tract C or its improvements for access they shall participate pro-rata in the maintenance of said improvements. Pro-rata participation shall be based upon the number of residences taking access from said Tract C. There shall be a maintenance agreement which touches and runs with the land setting forth the respective maintenance and repair responsibilities of users of Tract C for access.
WHEREAS, if Tax Lot 800, Document No. 88-44812, Washington County records, or any subsequent portions thereof uses Tract C for access said tax lot 800 or subsequent portions thereof shall be obligated to conform to the standards established by this document; and,
WHEREAS, Declarant shall create, for the purpose of establishing a joint driveway easement and maintenance agreement for a limited portion of lots 4 and 5 as necessary to provide for ingress and egress to Arbor Lane lots 4 and 5 upon; and
WHEREAS, the owner (s) of Arbor Lane lot 31 shall be exempt from complying with the terms of this document until such time as lot 31 is further divided and/or a building permit is issued by the City of Sherwood for construction of a house on lot 31 and/or the lot or lots resulting from said further division. All improvements on the resulting lot or lots, including the original lot 31 prior to division, must be in compliance with the terms of this document; and
WHEREAS, the owner (s) of Arbor Lane lot 32 shall be exempt from complying with the terms of this document until such time as a building permit is issued by the City of Sherwood for construction of a house on lot 32. All improvements to lot 32 must be in compliance with the terms of this document; and
WHEREAS, the area between the southern curb of S.W. Sunset Boulevard and Arbor Lane lots 64, 1, 3 and 4 is to contain an eight (8) foot wide pedestrian and bicycle path installed by Declarant and maintained by the City of Sherwood; and,
WHEREAS, the right of way area between the southern curb of W.W. Sunset Boulevard and Arbor Lane lots 61,1, 3 and 4 is to contain a white rail fence and landscaping installed by Declarant and maintained by the Arbor Lane Homeowners Association; and
WHERAS, lot 64, 1, 3, and 4 will be restricted in their right to construct fencing along their northern lot boundary to prohibit any fence greater than four (4) feet in height when measured from finished ground level existing at the time of purchase of said lots and to prohibit any fence constructed of other than black vinyl cyclone type fencing; and,
WHERAS, there shall be no fences constructed along the boundary of lots 39 through 64 inclusive, with Tracts A and B, other than black vinyl cyclone type fencing not to exceed six (6) feet in height when measured from finished ground level existing at the time of owners (s) purchasing said lots 39 through 64 inclusive; and
WHERAS, the Arbor Lane Homeowners Association shall be responsible for installation, maintenance and irrigation of any landscaping within the planter located within the S.W. Arbor Court cul-de-sac; and,
WHEREAS, the owner (s) of Arbor Lane lot 31 shall be exempt from paying homeowners association fees until such time as lot 31 is further divided and/or a building permit is issued by the City of Sherwood for construction of a house on lot 31 and/or the lot or lots resulting from said further division. All improvements on the resulting lot or lots, including the original lot 31 prior to division, must be in compliance with the terms of this document; and,
WHERAS, the owner (s) of Arbor Lane lot 32 shall be exempt from paying homeowners association fees until such time as a building permit is issued by the City of Sherwood for construction of a house on lot 32. All improvements to lot 32 must be in compliance with the terms of this document; and,
WHEREAS, in addition to otherwise state rear-yard set back distances, Arbor Lane lots 32 through and including lot 38 shall have a minimum rear yard set-back distance of 30 feet between lots southern boundary and the footprint of any residence constructed thereon; and
WHERAS, the area between the sidewalks and curbs along any street in Arbor Lane shall be planted in lawn and street trees by the owner of the lot adjacent thereto and the maintenance of said lawn and street trees shall be the responsibility of the owner of the lot adjacent thereto; and,
NOW, THEREFORE, Declarant hereby declares that the subject property shall be held, sold and conveyed in accord with all the applicable governmental ordinances and development agreements and the following restrictions, covenants and conditions (CC&Rs) and Homeowners Association Provisions (Provisions). The purpose of the CC&Rs and Provisions is to maintain and protect the value and desirability of said real property. The terms of these CC&Rs and Provisions shall inure to the benefit of each owner of property in Arbor Lane and shall be binding on all parties having any right, title or interest in the above described property or any portion thereof, their heirs, successors and assigns. These CC&Rs and Provisions shall run with and attach to the subject property and bind all the real property within this subdivision.
HOMEOWNERS ASSOCIATION PROVISIONS
Arbor Lane Homeowners Association (Association) is intended to be a Deminimus Planned Community as established by the ORS 94-570 (2) (b) which states a deminimus planned community is one:
(b) For which the estimated total annual assessment against all lots in the planned community for
maintenance and for the reserves required under ORS 94-595 does not exceed the greater of two percent of the estimated value of all lots against which the assessment will be levied or the product of $360 multiplied by the total number of lots in the planned estimated value includes the sewers, water systems and streets but not any structures. The assessment estimate under this paragraph:
(A) Shall include current costs for any services which the declarant will be providing at less than cost during the period the declarant is marketing the lots and which the association will have to provide at cost after the declarant no longer performs these services. Current costs shall be based on competitive current rates for alternative professional services for such items as landscaping and pool maintenance.
(B) Shall include maintenance and reserve account estimates based on figures obtained from the department of the city, county or district which would normally perform or contract for services which instead are provided by the planned community.
(C) Shall be conclusively presumed to have been made in good faith if one year after the declarant no longer provides any services at less than cost, the total assessment for maintenance and reserves does not exceed three percent of the current assessed value of these lots not including structures on the lost.
THE INITIAL ANNUAL FEE FOR THE HOMEOWNERS ASSOCIATION SHALL BE FIFTY DOLLARS ($50) PER LOT. THE FIRST ANNUAL FEE AMOUNT IS PAYABLE TO THE DECLARANT ON BEHALF OF THE ARBOR LANE HOMEOWNERS ASSOCIATION AT TIME OF CLOSING. ADDITIONAL ANNUAL FEES SHALL BE PAID TO DECLARANT ON BEHALF OF THE ARBOR LANE HOMEONERS ASSOCIATION UNTIL THE ADMINISTRATION OF THE HOMEOWNERS ASSOCIATION IS TRANSFERRED TO THE INDIVIDUAL MEMBERS AS HEREIN SET FORTH.
The legal descriptions of the real property included in the planned community which is or must become a common property or deeded to the City of Sherwood pursuant to the provisions of this declaration are Tracts A, B and C Arbor Lane, any entrance monument(s), fence and landscaping in the public right-of-way along S.W. Sunset Boulevard adjacent to Arbor Lane lots 64, 1, 3 and 4.
A. The method of determining voting rights, the liability of each lot for common expenses and right of each lot to any common profits of the Association shall be as follow:
1). All owners and the contract purchasers of lots in Arbor Lane shall be members of the Association. The allocation of votes to lots shall be one (1) vote per lot. This provision shall apply to lots 31 and 32 only upon incorporation of said lots into the Arbor Lane CC&Rs and Homeowners Association as set forth herein.
2). Once activated, as set forth herein, the Association shall be responsible for taxes, liability insurance and maintenance, repair and replacement of landscaping and fences on the common property, including the entry monuments and associated landscaping.
3). All costs of maintenance, repair and replacement of all common property, including Tracts A and B deeded to the City of Sherwood, except pedestrian and bicycle pathway portions thereof, landscaping fences and entry monuments shall be borne by the lot owners equally with 1/114th (except as amended as necessary to effectuate the above discussed special circumstances relating to Arbor Lane lots 31 and 32 and Tax lot 800) of the total costs being assigned to each lot owner. Said costs shall be assessed annually by the Association unless a special assessment is necessary.
4). Any lot owner failing to pay his or her proportionate share of costs assessed by the Association within thirty (30) days after it becomes due shall be liable for interest at the rate of 12% per annum and costs of collection of such assessment including attorney fees. All such unpaid amounts shall become a lien on the lot or lots to which such amounts are attributable.
5). All common profits of the Association shall be allocated equally to each owner.
B. Maintenance of the landscaping and fencing in common areas and the entrance monument (s) and related landscaping and fencing along S.W. Sunset Boulevard pursuant to the landscaping plan and requirements of any governing public authority shall be the responsibility of the Arbor Lane Homeowners Association. Common area taxes and common area liability insurance shall become the responsibility of the Association upon activation of the Association as set forth herein. Liability insurance shall include Declarant as a named insured. The improvements along S.W. Sunset Boulevard shall be maintained in a manner that will provide a uniform appearance along the Arbor Lane frontage.
In addition, the fencing within Tract B is of a design approved by U.S.A. for protection of wetland and drainage areas. The maintenance and any alterations to said fencing shall be consistent with U.S.A. standards. If more intense maintenance than that mandated by City of Sherwood or U.S.A. is desired by the Association, approval by City of Sherwood and U.S.A. of said more intense maintenance methods is required.
C. There shall be no restrictions on the alienation of lots. A lot may not be divided but may be combined with other lots.
D. The intended use of each lot is residential.
E. Deeds to Tracts A and B shall be given to the City of Sherwood, and legal title shall be in the name of the City of Sherwood, with the benefit of the covenant herein for maintenance of said tracts, which covenant shall be a burden upon and run with all lots in Arbor Lane. The deed to Tract C shall be in the name Arbor Lane Homeowners Association. The above identified common property deeds and easements will be held in escrow by Declarant until the Association is activated as herein provided or until otherwise instructed by the City of Sherwood.
F. Any amendment of the declarations shall be by vote or agreement of the owners representing at least 75 % of the total votes in the Association. However, in no event shall an amendment under this section limit or modify Declarants, its agents or assigns, rights regarding the Architectural Control Committee or access to utilities located in the common areas. No amendment shall change the boundaries of any lot or any uses to which any lot or tract is restricted unless the owners of the affected lots unanimously consent to the amendment. Amendments to a declaration under this section shall be executed, recorded and certified on behalf of the Association by an officer of the Association designated for that purpose or, in the absence of such designation, by the President of the Board of Directors of the Association. Amendments to a declaration under this section shall be effective only upon recordation. No amendment to this declaration of covenants shall affect the rights of the City of Sherwood, without the written consent of the City of Sherwood.
G. Declarants reserves the right to an unspecified easement across, through and under any Tract or easement for connection to utility lines located in said Tract, easement or neighboring property.
H. Upon activation of the Association the Bylaws to Arbor Lane Homeowners Association shall take effect and govern Association activities. Administration of the Arbor Lane Homeowners Association shall be transferred from Declarant to the members no later than when homes on 85 lots have been occupied. The Declarant shall call a meeting for the purpose of turning over administrative responsibility for the Arbor Lane Homeowners and related property to the Association not more than 120 days after the 85th home is occupied. The Declarant shall give notice of the meeting to each lot owner. At said meeting the members shall elect a homeowners Board of Directors in accordance with the Bylaws of the Arbor lane Homeowners Association.
Following said turnover meeting, Declarant, its agents or assigns shall continue to have the right to use all of the roads within the subdivision to develop and or build upon adjoining property and each owner of a lot agrees that he or she will not, object to such use or to oppose Declarants, its agents or assigns future development or building plans on said adjoining property.
At the turnover meeting the Declarant shall turn over to the Association the responsibility for the administration of the Association and said Association shall accept the administrative responsibility. The Declarant shall deliver:
1). The original or a photocopy of the recorded declaration and copies of the Bylaws of the Association and any supplements and amendments thereto;2). A deed to the common property and easements in Arbor Lane3). The minute books including all existing minutes and other books and records of the Association and Board of Directors;4). All rules and regulations adopted by the Declarant;5). All funds, if any, of the Association and control of funds;6). All tangible personal property and an inventory thereof belonging to the Association, if any;7). Records of all property tax payments for the common property to be administered by the Association;8). Copies of any income tax returns filed by the Declarant in the name of the Association and supporting records of the returns, if any;9). All bank signature cards, if any;10). An operating budget for the portion of the Association property turned over to Association administration and a budget for replacement and maintenance of the common property, as applicable;11). A copy of as built architectural, structural, engineering, mechanical, electrical and plumbing plans, if available;12). The plans for underground site service, including television service, site grading, site drainage and landscaping, to the extent those are available and are not official records kept at Washington County;13). Any others plans and information relevant to future repair and maintenance of the Association property;14). A list of the general contractor and the electrical, masonry, landscaping and plumbing contractors responsible for construction or installation of common property improvements;15). Insurance policies;16). Any permits issued by governmental bodies applicable to the Association property in force or issued within one year before the date on which the owners assume administrative responsibility;17). A list of any written warranties on the Association property that are in effect and the names of the contractor, subcontractor or supplier who made the installation for which the warranty is in effect;18). A roster of owners and their addresses and telephone numbers, if known, as shown on the record of the declarant;19). Employment or service contracts in which the Association is a contracting party or service contracts in which the Association or the owners have no obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service; and20). Any other contracts to which the Association is a party.
I. In order to facilitate on orderly transition during the three month period following the turnover meeting, the Declarant or an informed representative shall be available, if needed to meet with the Board of Directors on three mutually acceptable dates to review the documents covered above.
J. Upon the transfer of Administration of Arbor Lane Homeowners Association to the members by the declarant as herein set forth the Association Board of Directors shall establish a reserve account for replacement of all items of common property which will normally require replacement in whole or in part, in more than three and less than thirty years. Said account shall be funded by assessment against the individual lots for maintenance items for which the reserves are established.
The reserve account shall be established in the name of the Arbor Lane Homeowners Association. The Association shall be responsible for administering the account, for making periodic payments into it, and for adjusting the amount of payments at regular intervals to reflect changes in current replacement cost over time.
The account may be used only for replacement of common property and is to be kept separate from assessments for maintenance. However, after the individual lot owners have assumed responsibility for administration of the Association, the Board of Directors may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet other expenses. Funds borrowed to meet temporary expenses under this subsection must be paid later from special assessments or maintenance fees.
Following the second year after the Association has assumed administrative responsibility for the Association, if owners of lots representing 75% of the votes of the Association agree to the action they may vote to increase, reduce or eliminate future assessments for the account.
Assessments paid into the reserve account are the property of the Association and are not refundable to sellers or owners of lots. The sellers or owners of lots may treat their outstanding share of the reserve account as a separate item.
The Association may not sell, convey or subject to a security interest any portion of the common property. This prohibition does not apply to granting of easements for public utilities or other public purposes consistent with the intended use of the common property.
K. In the event the Arbor Lane Homeowners Association fails to maintain the landscaping, native vegetation or water quality facility within Tracts A and B; the landscaping and fencing along S.W. Sunset Boulevard right-of-way; or the landscaping in the S.W. Arbor Lane cul-de-sac, the City of Sherwood, after reasonable notice to the Arbor Lane Homeowners Association, shall have the right to enter onto and conduct reasonable maintenance of said area (s) and bill the Arbor Lane Homeowners Association for any costs incurred.
The City of Sherwood shall be considered a third party beneficiary of these declarations and covenants with respect to the maintenance obligations imposed on the Homeowners Association pursuant to this document. If the Homeowners Association shall fail to perform its obligations, the City may, at its option, do the maintenance and bring action against the Association, individual lot owners, or both, to recover the cost of maintenance of the items described herein that were to have been performed by the Homeowners Association, together with the Citys reasonable collection costs, including attorney fees and court cost incurred at trial or on appeal, or incurred before initiating action.
The City may, at its option, use then applicable procedures to docket the sum of said costs and expenses as City liens against all lots within the development. Notwithstanding any other provision for amendment of these covenants and declarations, no amendment approved by any number of lot owners or the Association shall be effective to change the maintenance obligations or remedies provided to the City of Sherwood herein without the written approval of the City of Sherwood authorized by resolution duly passed by the City Council.
ARCHITECTURAL AND CONSTRUCTION STANDARDS,
The rights of the Association with respect to the common property or the rights of an individual lot owner with respect to a lot or improvements on a lot, shall be restricted as follows. The following covenants, conditions and restrictions are in addition to the ordinances, rules and regulations of City of Sherwood, Oregon or Washington County, Oregon. In case of conflict between the following covenants, conditions and restrictions and the ordinances, rules and regulations of the City of Sherwood, Oregon or Washington County, Oregon, the ordinances, rules and regulations of the City of Sherwood or Washington County shall control.
A. RESIDENTIAL COVENANTS
1). Land Use and Building Type
No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling and a private garage for not less than two (2) cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter for the protection of such swimming pool provided the location of such structure is in conformity with the applicable municipal regulations, the structure is compatible in design and decoration with the residence constructed on such lot and the structure and its location has been approved by the Architectural Control Committee (Committee). The provisions of this section shall not be deemed to prohibit the right of any home builder to construct a residence on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residence as a sales office or model home for purposes of sale in this subdivision. There shall be no construction, landscaping, clearing, grading, tree cutting or land filing on a lot without approval of the Architectural Control Committee. There is a right to repair or restore improvements on the lot at the owners discretion in the event of damages or destruction; however, at all times such improvements must comply with these CC&Rs and the rules and regulations of the Architectural Control Committee.
2). Dwelling Size
The ground floor area of any one-story dwelling exclusive of open porches and garages, shall not be less than 1200 square feet. In the case of a two-story or multi-level home, the total square footage shall be not less than 1400 square feet exclusive of open porches and garages. The Declarant must approve, in writing, any exceptions to these standards.
3). Easements and Setbacks
Easements as shown on the subdivision plat shall be preserved by the respective lot owners. Site improvements shall not be placed so as to interfere with the maintenance of any easement. The owner of any lot which has an easement shall maintain the easement area landscaping at his or her expense, except for improvements for which the Association or a public authority or utility is responsible. Construction of any fencing or other improvements within the easement area is done with the knowledge that replacement of said fencing or other improvements shall be the sole responsibility of the lot owner constructing or causing to be constructed the same. All set backs must at a minimum meet the ordinances, rules and regulations of the governing authority. Declarant reserves the right, however, to impose more restrictive front, rear, and side yard setbacks as necessary to protect and enhance the character of Arbor Lane. As indicated above, the rear yard setbacks on lots 32 through 38 inclusive shall be no less than thirty (30) feet.
4). Offensive Activities
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done, grown or placed upon any lot which interferes with or jeopardizes the enjoyment of other lot owners within this subdivision.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that a reasonable number of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes and are reasonably controlled so as not to be a nuisance.
No signs shall be erected or maintained on any lot (excluding Arbor Lane entry monument signs) except that not more than one For Sale sign placed by the owner, Declarant or by a licensed real estate agent, consistent with controlling governmental ordinances, may be temporarily displayed on any lot. This restriction shall no prohibit the temporary placement of political signs on any lot by an owner.
Parking of boats, trailers, motor homes, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of the property nor on public streets, common property, or alleys adjacent thereto excepting only within the confines of an enclosed garage. Each dwelling must have off street parking spaces for at least four vehicles. Garage bays may be counted for the purpose of meeting this requirement.
No owner shall permit any vehicle of any kind including without limitations, boats, trailers, motor homes, motorcycles, trucks, truck campers, etc. to be abandoned or to remain parked upon any lot, the common property alley or street for a period in excess of forty-eight (48) hours.
8). Private Streets or Alleys
All private driveways, streets or alleys shall be separated from public rights of way and common property tracts by standard driveway approaches.
9). Rubbish and Trash
No lot, open space, common property, street or alley shall be used as a dumping ground for trash or rubbish of any kind. All garbage or other waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. Yard rakings, debris and dirt resulting from landscaping work shall not be dumped onto streets, open space, common property, alleys, any lots adjacent property.
10). Temporary Structures
No structure of a temporary character, trailer, motor home, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence.
No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower, or other structure supporting said overhead wire shall be erected, placed or maintained within this subdivision. All owners of lots within this subdivision, their heirs successors and assigns shall use underground wires to connect their premises and the structures built thereon to the underground electric, T.V. cable, or telephone utility facilities provided.
12). Completion of Construction
The construction of any building on any lot, including private lot drainage, painting and all exterior finish shall be completed within eight (8) months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Control Committee.
13). Landscape Completion
All front, rear and side yard landscaping must be completed pursuant to a landscaping plan approved by the Architectural Control Committee. The landscaping on all front yards and on corner lots side yards, including lawn and street trees between sidewalks and street curbs (planter strips), must be installed upon substantial completion of the residence. All remaining landscaping must be completed within 6 months of occupancy of the dwelling. In the event of undue hardship due to weather conditions, this provisions may be extended for a reasonable time, but only after written application is made to the Architectural Control Committee and the Committees approval is obtained. Landscaping plans which include vinyl clad cyclone fencing shall incorporate plant materials designed to buffer or soften said fencing from exposure to any street or common area.
14). Fences and Hedges
The maximum height of a boundary fence or hedge on any lot shall be six (6) feet. Said fence or hedge may not be placed forward of the dwellings front elevation building footprint. No fencing shall be placed in a side yard, if that side yard faces a street, without prior written approval by the Architectural Control Committee. In the event the Architectural Control Committee allows a side yard fence on a side yard facing a street said fence shall be no greater than forty two (42) inches in height. No fence or hedge shall be erected without prior written approval of the Architectural Control Committee as to design, color, location and materials. Any fence, if approved, shall be of cedar, masonry or vinyl clad cyclone construction. Vinyl clad fencing shall be either dark green or black in its entirety including posts and rails.
All fencing installed along the westerly boundaries of Arbor Lane lots 39 through and including 64 shall be no greater than 6 feet in height and shall be constructed of black vinyl cyclone fencing type materials.
15). Antennas and Service Facilities
No exterior antennas or aerials of any kind shall be permitted unless required for reception and then only as approved by the Committee. Clothes lines and other service equipment shall be screened so as not to be viewed from any street. A satellite dish may be allowed, if it can be situated on the lot so as not to be visible from any other lot or roadway in or around the subject lot. Approval for a satellite dish and any associated screening must be obtained from the Committee prior to installation.
16). Exterior Materials
Exterior materials must be approved for use by the Architectural Control Committee and in accordance with any provisions contained in a purchase agreement for any lot within this subdivision. All Roofing material must be approved by the Architectural Control Committee. Dwellings shall be Double Wall Construction on any elevation facing a street. T-111 or other pressed wood sheet siding may be permitted on elevations not facing a public street if approved by the Architectural Control Committee. Windows shall be wood, vinyl clad wood or vinyl with site lines equivalent to wood. In appropriate circumstances the Architectural Control Committee can approve other materials if necessary to facilitate design, provided they are in keeping with the character of Arbor Lane.
17). Exterior Finish
The exterior finish of all construction on any lot shall be designed, built and maintained in such a manner as to blend in with the existing structures and landscaping within the subdivision. Exterior colors must be approved by the Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves gutters, exhaust pipes and exterior finish on garages and other accessory buildings shall be designed, built and maintained to be compatible with exterior of the structures they adjoin.
18). Window Coverings
Window coverings, curtains, shutters, drapes or blinds, other than those of commercially produced quality, shall not be permitted to be visible from any public or private street at any time after occupancy of the dwelling.
19). Business and Commercial Activities
No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot. Excepted from this general rule is the right of a homebuilder and the Declarant to construct residences on any lot, to store construction equipment and material on said lots in the normal course of construction and to use any single family residence as a sales office or model home for purposes of sales in this subdivision. In addition, the Declarant shall be permitted to maintain a sales trailer on any unsold lot until all lots have been sold. This provision shall not be constructed to prevent or prohibit an owner form maintaining his or her professional personal library, keeping his or her personal business or professional records of accounts, handling his or her personal business or professional telephone calls, or conferring with business or professional associates, clients customers in his or her home.
20). Mail and Paper Delivery Boxes
Mail boxes and newspaper receptacles placed in front of any lot shall be included in a single structure of a design approved by the Architectural Control Committee unless otherwise dictated by the U.S. Postal Service.
21). Swimming Pools
The location of a swimming pool on any lot must be approved by the Architectural Control Committee. Adequate and Committee approved safety fencing must be installed and properly maintained around swimming pools.
22). Damage to Roads or Curbs During Construction
Any damages to roads, sidewalks, or curbs which occurs during the course of construction of any kind on a lot shall be the responsibility of that lot owner. Repair of such damage, if not undertaken by the lot owner within 30 days of notice to correct may, at their option, be undertaken by the Declarant or the Association if it has been activated. The cost of such repair shall be billed to and borne by the lot owner and shall be payable within 30 days after it becomes due. Failure to pay for any repair billed shall cause the lot owner to be liable for interest at the rate of 15% per annum and costs of collection including attorneys fees and such unpaid amounts shall become a lien on the lot owned by the lot owner.
23). Sidewalks and driveways
All driveways shall extend from the edge of the finished surface of streets in Arbor Lane to the surface of the garage floor and shall be constructed of concrete and/or materials acceptable to the Committee such as brick or cobblestones. No asphalt driveways will be permitted. Sidewalks shall be installed by the owner of each lot in compliance with the standards of the governing political authority.
B. Architectural Control Committee
1). Architectural Review
No structure, including storage shelters, shall be commenced, erected, placed or altered on any lot until construction plans and specifications and a plat showing the nature, shape, heights, materials, colors and proposed location of the structure or alteration have been submitted to and approved in writing by the Architectural Control Committee (Committee). It is the intention and purpose of this covenant to assure quality of workmanship and materials, harmony of external design with the existing structures as to location, topography and finished grad elevations, to avoid plan repetition and to protect views from adjacent lots. In all cases the Architectural Control Committees consent is required.
a). Major Construction
In the case o initial or substantial additional construction of a dwelling the lot owner shall prepare and submit to the Architectural Control Committee such plans and specifications for the proposed work as the Committee may require. Materials required by the Committee may include, but not necessarily be limited to the following:
(1). A plan indicating location of all improvements including private drainage.
(2). A drawing showing elevations, exterior materials and exterior color schemes of all improvements, including the mailbox/newspaper structure and fencing;
(3). A drawing showing yard landscape design and location including a description of plant materials in all front or side yards facing a street.
b). Minor Construction
In the case of minor additions or remodeling, change of existing exterior color schemes or exterior materials, greenhouse, swimming pool construction, or any other work not referred to in a). above, the owner shall submit to the Committee such plans and specifications for the proposed work as the Committee determines to be necessary to enable it to evaluate the proposal.
c). Time for Rendering a Decision
The Architectural Control Committee shall render its decision with the respect to the proposed work within 10 days after it has received all required materials.
2). Architectural Control Committee Decisions
The Committee may, at its sole discretion, withhold consent to any proposed work if the Committee finds that the proposed work would be inappropriate for the particular lot or incompatible with the design standards that Declarant intends for the subdivision. Considerations such as site, shape, size, color, height, impairment of the view from other lots within this subdivision or other factors which the Committee reasonably believes to be relevant, may be taken into account by the Committee in determining whether or not to consent to any proposed work.
3). Membership: Appointment and Removal
The Architectural Control Committee shall consist of as many persons as the Declarant may form time to time appoint. The Declarant shall keep on file at its principal office a list of names and addresses of Committee members. A member of the Committee shall not be entitled to any compensation for services pursuant to these covenants. The powers and duties of such Committee shall cease six (6) months after completion of construction of all dwellings on all building sites within this project and the sale of said dwellings to the initial owner/occupants. The Homeowners Association may assume the role of the Committee only upon termination of the Committees powers and duties as set forth in this paragraph.
Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act by the Committee or a member thereof, provided that the member has in accordance with actual knowledge possessed by him acted in good faith.
Consent by the Committee to any matter proposed to it within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent.
6). Effective Period of Consent
The Committees consent to any proposed work shall automatically be revoke one year after issuance unless construction of work has commenced or the owner has applied for and received an extension of time from the Committee.
7). Term and Amendment
These covenants shall run with and bind all property within this subdivision for a term of twenty five (25) years from the date this declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years. This declaration or parts thereof can be terminated, revoked or amended only by duly recording an instrument which contains the amendment or the order of revocation or termination and which is signed by the owners of seventy five percent (75%) of the platted lots except that the Declarant shall retain the authority to make amendments until the last lot is constructed upon.
In the event of any violation of any of the provisions of this declaration, the Declarant, the Association once it controls the CC&RS as set forth herein or any other person or persons owning real property within Arbor Lane may, at their option, exercise the right to enforce these covenants by prosecuting any proceeding at law or in equity necessary to prevent the violation or to recover damages sustained by reason of such violation. Failure by any party to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action successfully prosecuted to abate to recover damages for violation of the provision of this declaration the prevailing party shall be entitled to recover all costs including reasonable attorney fees incurred in such enforcement.
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provision which shall remain in full force and effect.
10). Limitations of Liability of Declarant
Neither Declarant nor any officer or director thereof shall be liable to any owner on account of action or failure to act by Declarant in performing its duties or rights as herein set forth provided that the Declarant has, in accordance with actual knowledge possessed by it, acted in good faith.