Section 1. Residential Purposes Only. Each Home Site shall be used exclusively for single‑family, non‑transient residential purposes, and garages, carports and parking spaces which shall be used exclusively for the parking of passenger vehicles or light (i.e. non‑commercial) vans or pick up trucks; provided, however, Declarant (and its designees) shall have the right to use up to two (2) Home Sites designated from time to time by Declarant for the purpose of construction and operation of a sales and marketing center and for related uses. No trade or business of any kind shall be conducted upon a Home Site or any part thereof except by Declarant as permitted above. Except as permitted herein, no structure shall be erected, placed, altered, used or permitted to remain on any Home Site other than a single‑family detached private dwelling not exceeding two and one‑half (2‑1/2) stories or forty (40) feet in height, and one (1) private garage for not more than three (3) vehicles.
Section 2. Obstructions. There shall be no obstruction of the Common Area, Common Open Spaces, Common Area Access Easements, or Landscape and Easement Areas, nor shall anything be kept or stored in such areas by any Owner, nor shall anything be altered, or constructed or planted in, or removed from such areas, without the prior written consent of the Association.
Section 3. Restricted Actions by Owners. No Owner shall permit anything to be done or kept on the Property which will result in the cancellation of or increase in cost of any insurance carried by the Association, or any other Owner, or which would be in violation of any law. No waste shall be permitted in the Common Area, Common Open Space, Common Area Access Easements or Landscape and Easement Areas. Each Owner shall comply with all laws, regulations, ordinances (including without limitation, applicable zoning ordinances) and other governmental rules and restrictions applicable to such Owner’s Home Site.
Section 4. Signs. No sign of any kind (exclusive of street address identification numbers) shall be displayed on any Home Site except no more than one (1) uniform professional sign, designed and approved by the Architectural Review Committee and which is for the purpose of (i) advertising the Home Site for sale, (ii) advertising the building contractor constructing improvements on the Home Site during the initial construction and sales period, or (iii) identifying the sales office and/or model home of a building contractor which owns the Home Site; provided, however, the foregoing shall not act to restrict or prohibit the Declarant from erecting and maintaining signs and billboards advertising the Property, or portions thereof, or prevent the Master Association, the Association or Declarant from posting directional and other signs relating to the use of the Property. Notwithstanding the foregoing, all signs erected and maintained on any Home Site, Common Area, Common Area Access Easement, Common Open Space or Landscape and Easement Areas must conform with all applicable governmental requirements. The Association shall have the right to install signs in the Common Area, Common Open Spaces, and Landscape and Easement Areas.
Section 5. Damage to the Common Area. Each Owner shall be liable to the Association, Master Association and/or the Declarant for damage to property owned by any of them caused by the negligence or willful misconduct of the Owner or his family, tenants, guests, agents, contractors, employees or invitees. Owner will be held responsible for any sums expended by the Association to repair such damage.
Section 6. Rules of the Association. The Board of Directors shall have the power and authority to promulgate rules and regulations to enable the Association to carry out the letter and intent of this Declaration. All Owners shall abide by all rules and regulations so adopted by the Board of Directors from time to time. The Board of Directors shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and any Owner violating such rules and regulations shall be liable to the Association for all damages and costs, including reasonable attorney’s fees, resulting from such violations. The Board of Directors shall not have the power to impose restrictions, rules or limitations on Declarant.
Section 7. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Home Site or in any dwelling except that dogs (other than Pitbulls and Rottweilers), cats or other household pets may be kept or maintained provided they are not kept or maintained for commercial purposes. All dogs must be kept contained, tied, or on a lead within the Property or on any Home Site. No dog run may be constructed or maintained on any Home Site unless such dog run has been approved in writing by the Architectural Review Committee. Notwithstanding the foregoing, the Association expressly prohibits Pitbulls and Rottweilers from the Property, and reserves the right to prohibit, or require the removal of, any dog or other animal from the Property which, after consideration of factors such as size, breed, and disposition of the animal, interference by the animal with the peaceful enjoyment by other Owners of their Home Sites and the security measures taken by the Owner with respect to such animal, the Association, in its sole discretion, deems to be undesirable, a nuisance or a safety hazard.
Section 8. Waste. No Home Site shall be used or maintained as a dumping ground for rubbish, trash or garbage. Waste of any nature shall not be kept on any Home Site except on a temporary basis in sanitary containers.
Section 9. Vehicles. No recreational vehicles or equipment, including a motorboat, houseboat or other similar water‑bourn vehicle, or any motor home or “camper” vehicle, may be maintained, stored or kept on any portion of the Property, except in enclosed garages or in areas specifically designated by the Board of Directors. Trucks with tonnage in excess of three‑fourths (3/4ths) ton shall not be permitted to park overnight on any location within the Property. No vehicle of any size which transports inflammatory or explosive cargo may be kept within the Property at any time. No vehicles that are not in operating condition may be stored or situated on any Home Site unless stored in an enclosed garage. The Owner of each Home Site will be responsible for providing on such Home Site sufficient parking area for all vehicles normally parked and/or situated on such Home Site.