Amended Declaration of Covenants and Restrictions
UNIVERSITY PALISADES SUBDIVISION
PITTSFIELD CHARTER TOWNSHIP, Washtenaw County, Michigan
THIS AMENDED DECLARATION of Covenants and Restrictions (hereinafter referred to as the “Amended Declaration”), made by the Lot Owners of the University Palisades Subdivision, amends and restates provisions of the Declaration made on April 27, 1990, by TOWN CENTER CO., INC., a Michigan corporation (hereinafter referred to as the “Declarant”), governing the University Palisades Subdivision and recorded at the Register of Deeds, Washtenaw County, Michigan, at Liber 2403, Page 985. This Amendment of the Declaration is made this ______ day of _______, 2007, and recorded at the Register of Deeds, Washtenaw County, Michigan.
Whereas, the Lot Owners are record owners of certain real property located in Pittsfield Charter Township, Washtenaw County, State of Michigan, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (hereinafter referred to as the “Subdivision”);
Whereas, the Subdivision has been platted in accordance with a Plat recorded in Liber 27, Pages 43- 46, Washtenaw County Records; and
Whereas, the Lot Owners desire to amend the original Declaration governing the University Palisades Subdivision in accordance with said Declaration, and further impose upon the Subdivision (but not any property outside of the Subdivision, whether or not owned by the Lot Owners or the Declarant) covenants, conditions, restrictions, easements, charges, and liens in order to insure the most beneficial development of the Subdivision as a single family residential area, to prevent any use thereof which might lend to diminish its valuable or pleasurable enjoyment, and to assure the harmony, attractiveness and utility thereof, to provide for Lot Owners in the Subdivision to bear certain expenses, to impose other rights and obligations as set forth below, to provide for the preservation of certain services and facilities for the Subdivision and the permanent maintenance of such facilities by an Association comprised of Lot Owners in the Subdivision, to establish an Association to which shall be delegated the powers and responsibility to maintain and administer the facilities and certain common areas, which Association shall also be empowered to administer and enforce the covenants, conditions, restrictions, easements, charges, and liens as set forth in this Amended Declaration, and to collect and disburse the assessments and charges hereinafter set forth.
NOW THEREFORE, the Lot Owners as hereinafter provided, hereby declare that the Subdivision and each and every Lot therein shall be held, sold, transferred, and conveyed subject to the following covenants, conditions, restrictions, easements, charges, and liens, which shall run with the Subdivision and each and every Lot therein, and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Subdivision, or any part thereof, their heirs, successors and assigns.
As used in this Amended Declaration, the following terms shall have the following meaning:
- Architectural Control Committee. “Architectural Control Committee” shall mean the committee appointed in accordance with the provisions of Article VIII below.
- Area of Common Responsibility. “Area of Common Responsibility” shall mean and refer to the Common Areas (as hereinafter defined), together with those areas, if any, within or upon a Lot, the maintenance, repair, or replacement of which shall be the responsibility of the Association.
- Association. “Association” shall mean the University Palisades Homeowners Association, a Michigan nonprofit corporation organized for a perpetual term by the Declarant and in which all Lot Owners shall be Members. The purpose of the Association shall be the maintenance and beautification of the Common Areas, and the conducting of such other Association business as shall be permitted by its ByLaws.
- Common Areas. “Commons Areas” shall mean and refer to those areas of land donated as “Private Park(s)” on any recorded Plat of the Subdivision, and any other areas intended to be owned by the Association and to be devoted to the common use and enjoyment of the Lot Owners, any improvements thereon and other areas such as boulevard medians, green belts along roads, walkway easements, Cul-Du-Sac islands, detention areas, storm sewers and appurtenances not in county dedicated rights of way and detention areas, if any, and all areas of the Subdivision not privately owned or which may be transferred to the Association from time to time.
- Township. “Township” shall mean and refer to Pittsfield Charter Township, Washtenaw County, Michigan.
- General Development Plan. “General Development Plan” shall mean and refer to the plan(s) submitted by the Declarant to the Township showing, in general, the Subdivision and any proposed additions thereto, and indicating the size and location of each such addition, and the proposed land uses and additional common areas, if any, to be contained within each such addition.
- Dwelling. “Dwelling” shall mean a single-family residential dwelling.
- Lot. “Lot” shall mean any lot within the Subdivision, as such lots are set forth in the Plat of the Subdivision.
- Lot Owner. “Lot Owner” shall mean the holder of recorded title to a Lot, whether one or more persons or entities, and shall include any optionees or land contract vendees of the Lot. Optionees or land contract vendees of Lots owned by the Declarant shall not be considered Lot Owners, and shall have no voting rights hereunder. The term “Lot Owner” shall not include any mortgagees unless and until such mortgagees shall have acquired fee simple title to such Lot by foreclosure or other proceeding or conveyance in lieu of foreclosure, and shall not include any interest in a Lot held as security for the performance of any obligation. In the event more than one person or entity owns an interest in the fee simple title to any Lot, or has an interest as an optionee or a land contract vendee (other than Lots owned by Declarant), the interests of all such persons collectively shall be that of one Lot Owner. Notwithstanding the foregoing, the optionee or land contract vendee of any Lot (including Lots owned by Declarant) shall be responsible for the payment of all assessments imposed pursuant to this Amended Declaration.
- Member. “Member” shall mean all Lot Owners who are members of the Association as hereinafter provided.
- Structure. “Structure” shall mean any building, driveway, parking area, structure, dwelling, garage, shed, outbuilding, fence, wall, gazebo, hedge, in-ground swimming pool, or any other improvement of a permanent or substantial nature.
- Subdivision. “Subdivision” shall mean the real property described in Exhibit “A” attached hereto and made a part hereof.
PROPERTY SUBJECT TO THIS AMENDED DECLARATION
The real property which is subject to and shall be held, transferred, sold, conveyed, and occupied pursuant to this Amended Declaration is more particularly described in Exhibit “A” attached hereto and made a part hereof, and includes one hundred sixty-one (161) Lots, plus the Common Areas.
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
- Membership. Every Lot Owner shall be a Member of the Association. Membership in the Association shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment hereunder. Optionee or land contract vendees of Declarant shall not be Members of the Association, but shall be fully responsible for all assessments imposed hereunder against the Lots purchased. No Lot Owner, whether one or more persons, shall have more then one (1) membership per Lot owned. In the event a Lot Owner is more than one person or entity, votes and rights of use and enjoyment shall be as provided herein.
- Voting Rights. Each member shall be entitled to one (1) vote for each Lot owned. When more than one person or entity holds an interest in any Lot (“multiple ownership”), all such persons shall be Members, but in no event shall there be more than one vote cast with respect to any such Lot. When more than one person or entity holds an interest in any Lot, such vote shall be exercised as the holders of such interest may, among themselves, agree, and they shall so notify the Association in writing prior to any vote. Where a Lot is subject to multiple ownership, and the Lot Owners fail or refuse to notify the Association of such multiple ownership within fifteen (15) days of the date set for the meeting, then, and in such event, the Lot Owner whose name first appears on record title shall be deemed the Member authorized to vote on behalf of all the multiple Lot Owners, and any vote cast in person or by proxy by said Lot Owner, or the failure of said Lot Owner to vote, shall be binding and conclusive on all such multiple Lot Owners.
EASEMENTS AND PROPERTY RIGHTS IN THE COMMON AREAS
- Lot Owner’s Easement of Enjoyment. Every Lot Owner shall have a right and easement to use the Common Areas for their intended purposes, and such easement shall be appurtenant to and shall pass with title to every Lot, subject to the Covenants and Restrictions of this Amended Declaration.
- Title to the Common Areas. Contemporaneous with the conveyance by deed of the first Lot in the Subdivision to a Member of the Association, Declarant conveyed the Common Areas to the Association, free and clear of all liens and encumbrances, except easements and right-of-ways of record, and subject to the Covenants and Restrictions of this Amended Declaration.
- Association’s Rights in the Common Areas. The Association shall have the right to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the Lot Owners; provided, however, that any dedication, transfer, or determination as to the conditions thereof shall be effective only upon execution of an instrument signed by the holders or two-thirds (2/3) of all Members of the Association and which is recorded and confirms or approves such dedication, transfer, or determination; and further provided, however, that any dedication, transfer, or determination as to the conditions thereof shall be effective only upon the prior consent thereto being received from the Township. The Association shall comply with all applicable laws in connection with any such dedication, including but not limited to, any applicable provisions of the Subdivision Control Act of 1967, MCLA 560.101-560.299 (hereinafter the “Subdivision Control Act”).
MAINTENANCE AND ASSESSMENT COVENANT
- Association Responsibilities. Except as hereinafter provided, the Association shall have the duty and responsibility to maintain the Common Areas for the benefit of the Subdivision.
- Lien and Personal Obligation for Assessments. Each Lot Owner, by acceptance of a deed therefore, whether or not it shall be set forth therein, is deemed to covenant and agree to pay to the Association: (a) all annual assessments or charges when due, and (b) special assessments, if any, for capital improvements to be established and collected as hereinafter set forth, and each Lot Owner does covenant, agree, and accept all of the terms, conditions, covenants, agreements, and restrictions hereof in accordance herewith. As provided in Article I above, the optionee or land contract vendee of any Lot shall be responsible for the payment of all assessments imposed pursuant to this Amended Declaration.
- Purpose of Assessments. The purpose of the assessments levied by the Association shall be (i) for the repair, maintenance, operation, management, and improvement of the Common Areas, including but not limited to, the payment of all taxes and insurance thereon, the repair and replacement thereof, the operation thereof, additions thereto and improvements thereon, and for the cost of labor, equipment, materials, management, and supervision for and in conjunction therewith, and (ii) to defray the costs of operating the Architectural Control Committee. Notwithstanding anything contained herein to the contrary, in the event the Association fails or refuses to provide the necessary repairs, maintenance, operation, management, and improvement of the Common Areas, then and in such event, the Township shall have the right, but not the obligation, to assess all costs for the same under and pursuant to this Amended Declaration and each Lot Owner consents to such assessment and agrees that such assessment shall be payable on demand to the Township. In addition to other methods of collection, the Township shall have the right to place such assessment on the Township tax rolls of the assessed property.
- Annual Assessments. Until January 1 of the year immediately following the first conveyance by Declarant of a Lot to a Lot Owner who is a Member of the Association, the maximum annual assessment shall be One Hundred Dollars ($100.00) per Lot.
- From and after January 1 of the year immediately following the first conveyance by Declarant of a Lot to a Lot Owner who is a Member of the Association, the maximum annual assessment may be increased or decreased annually as may be determined by the Association as needed to pay all costs, expenses, and charges to carry out its purposes hereunder by a vote of two-thirds (2/3) each of the Members who are voting in person or by proxy, at a meeting duly called for this purpose.
- In the event the Membership does not or cannot agree on any change from and after January 1 of the year immediately following the first conveyance of a Lot to a Lot Owner who is a Member of the Association, then and in such event, the annual assessment shall continue at the rate of One Hundred Dollars ($100.00) per Lot; provided, however, that in the event of any annual deficit, the Board of Directors of the Association shall assess each Lot pro rata annually to pay any such deficits.
- Special Assessments. In addition to the annual assessments provided for herein, the Association may levy special assessments applicable to an assessment year only for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair, or replacement of a capital improvement to the Area of Common Responsibility; provided, however, that any such special assessment shall first be approved by two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose.
- Uniform Assessment Rate. All annual, special, and deficiency assessments shall be fixed and established at the same rate for all Lots.
- Notice and Quorum. Written notice of any membership meeting called for any purpose hereunder shall be sent by first class mail to all Members at least thirty (30) days in advance of such meeting, and shall set forth the purposes thereof. At the first meeting of the Association, the presence of Members or of proxies entitled to cast sixty percent (60%) of all votes of the Members shall constitute a quorum. In the event the required quorum is not present at such meeting, another meeting may be called, upon notice as set forth herein, and the required quorum at such subsequent meeting shall be fifty percent (50%) of the required quorum at the preceding meeting.
- Commencement Date of Annual Assessments. The first annual assessment shall commence and be due for each Lot from the Owner within thirty (30) days after title is acquired by an Owner to such Lot. In the event of land contract or option sales by Declarant, the land contract vendee or optionee shall be responsible for all assessments for the Lot sold on land contract or option from the date of the land contract or option. The amount of the annual assessment which shall be due for the first annual assessment shall be an amount which bears the same proportion to the annual assessment specified in paragraph D of this Article V as the remaining number of months in that year bears to twelve (12). The annual assessments for any year, after the first assessment year, shall become due and payable at a date to be set by the Board of Directors.; provided, however, that the Board of Directors, in its discretion, may establish an installment program for payment of the annual, special, or deficit assessments, and may charge interest in connection therewith, but each such assessment shall be and become a lien on each Lot on the date set by the Board of Directors as the date due, each year after the initial year.
- Board of Directors’ Duties. Subject to the foregoing provisions, the Board of Directors of the Association, which shall consist of at least five (5) and not more than fifteen (15) persons, shall fix the amount of the assessments against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall prepare a roster of the Lots and the assessments applicable thereto to be maintained in the office of the Association and which shall be open to inspection by any Owner at all reasonable times. Written notice of the assessment shall thereupon be sent to every Owner subject thereto and the Association shall, upon demand and payment of a reasonable charge, furnish to any Owner liable for such assessment, a certificate in writing signed by an officer of the Association, which states whether such assessment has been paid and the amount of any due but unpaid assessments.
- Effect of Non-Payment of Assessments, Personal Obligation of the Owner, and Liens and Remedies of the Association. In the event any assessment is not paid on the due date, then such assessment shall become delinquent and a lien therefore shall thereupon arise and shall, together with interest thereon and costs of collection therefore, (as hereinafter provided) be and become a continuing lien of such Lot until paid in full, and such Lien shall be binding upon the Lot, the Owner thereof, and his or her heirs, personal representatives, successors, and assigns. Such assessments shall also be a personal obligation and debt of each Lot Owner and shall be binding upon each Lot Owner to pay such assessments and remain the Lot Owner’s obligation and debt for the statutory period. Any successor or assign in or to title may obtain from the Association a written statement as to any unpaid assessments and charges on such Lot and such statement shall be binding upon the Association. In the event the assessment is not paid in full within four (4) weeks after delinquency, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum. If the assessment and late fee is not paid within eight (8) weeks after delinquency, the assessment shall bear interest from the date of delinquency at the rate of twenty percent (20%) per annum. If the assessment and late fee is not paid within twelve (12) weeks after delinquency, the Association may bring an action at law against the Lot Owner personally obligated to pay the same or foreclose the lien against the Lot, and the costs of preparing and filing the complaint in such action and/or in connection with foreclosure shall be added to the amount of such assessment(s) and interest, and, in the event a judgment is obtained, the judgment shall include interest on the assessment(s) as above provided and reasonable attorneys' fees, together with all costs and expenses of the action.
- Subordination of the Assessment Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and any sale or transfer of any Lot shall not affect the assessment lien; provided, however, that the sale or transfer of any Lot in connection with a mortgage foreclosure proceeding or any proceeding in lieu thereof, shall extinguish the lien of the assessments, interest and charges due prior to such sale or transfer, but in no event shall the prior Owner thereof be relieved of any liability whatsoever for such obligation and debt. No subsequent sale or transfer shall relieve such Lot from liability for any assessments, interest or charges which thereafter become due or from any lien therefore.
- Exemptions and Modifications of Assessments. The Common Areas shall be exempt from any regular assessments, special assessments, or deficiency assessments, and from and against any liens or encumbrances therefore.
BUILDING USE AND OTHER RESTRICTIONS
- Residential Lots. All Lots subject hereto shall be used only for residential purposes.
- Square Footage. All Dwellings lost, destroyed, or remodeled within the Subdivision shall contain the following square footage required at the time of construction. In addition to the foregoing, each Dwelling shall contain a two (2) or three (3) car attached garage and the following “gross floor areas”:
- Ranch or one-story Dwellings shall have not less than 1,200 square feet or not more than 2000 square feet of gross floor area.
- Bi-level and tri-level Dwellings shall have not less than 1,300 square feet or not more than 2500 square feet of gross floor area.
- Two-story and quad-level Dwellings shall have not less than 1,400 square feet or not more than 3200 square feet of gross floor area.
The maximum Lot coverage shall not exceed thirty percent (30%) of the Lot area. Exceptions, however, require approval of the Architectural Control Committee.
As used herein, “gross floor area” shall be calculated by measuring from internal wall to internal wall, and shall exclude garages, patios, decks, open porches, terraces, basements, storage sheds and like areas, even if attached to the Dwelling. Gross floor areas shall include, however, enclosed porches if the roof of the porch forms an integral part of the Dwelling.
- Lot Size. No Dwelling shall be erected or placed on any Lot or building site having a width of less than seventy (70) feet at the minimum front building line, nor shall any Dwelling be erected or placed on any Lot or building site having an area less than Ten Thousand (10,000) square feet. No Lot or part of the properties shall be divided and/or reduced in size by the conveyance of a part thereof, or by the use and/or addition of a part thereof in conjunction with or as part of any adjacent Lot to constitute a building site, other than precisely as indicated within the recorded plat of the properties containing such Lot; provided, however, that if any of the Lots shall be altered and reduced in total area by the taking, use, or purchase of a portion thereof for a public purpose by a public agency, this provision shall not apply to prohibit the construction of a Dwelling upon such Lot as reduced in size.
- Building Lines. No structure shall be placed, erected, installed, or located on any Lot nearer to the front, side, or rear lot line as permitted by the ordinances of the Township in effect at the time of installation of such Structure. Furthermore, all Structures shall meet the following setback requirements from the boundary lines of the Lot:
- The front yard setback line shall be at least thirty-five (35) feet.
- The rear yard setback line shall be at least thirty-five (35) feet.
- The side yard setback line shall be at least five (5) feet per side, and the combined total width of the two (2) side yards on any Lot shall not be less than fifteen (15) feet, provided, however, where a side yard is on the road or street side of a Lot, such side yard setback line shall not be less than thirty-five (35) feet.
- For in-ground swimming pools only, the following setback requirements from the boundary lines of the Lot shall apply:
- The front yard setback line shall be at least thirty-five (35) feet.
- The side yard setback line shall be at least fifteen (15) feet; provided, however, where a side yard is on the road or street side of a Lot, such side yard setback line shall not be less than thirty-five (35) feet.
- The rear yard setback line shall be at least twenty (20) feet.
If permitted by Township ordinance, the Architectural Control Committee shall have the right (but not the obligation) to permit setbacks of less than those established above if, in its sole judgment and discretion, the grade, soil, or other physical conditions pertaining to a Lot justify such a variance.
- Type of Construction. All construction work shall be done under the supervision of a licensed builder. Except as may be approved in writing by the Architectural Control Committee in its sole discretion, the front of each Structure shall be no less than thirty percent (30%) brick and the balance of the front shall be wood or stucco, and in no event siding. Except as may be approved in writing by the Architectural Control Committee in its sole discretion, the side walls at all Dwellings and garages on Lots 1 through 8, 11 through 14, 17, 24, 25, 26, 34 through 38, 54 through 57, and 71 through 74, shall be brick to the belt and the balance of the Dwellings and garages, together with the rear of all Dwellings and garages and the sides of Dwellings and garages built upon Lots not listed above, may be constructed of brick, wood, stucco, or siding.
- Trees and Sidewalks. If, for any reason, either or both of the two trees that are included in the area located between the sidewalk and the street on any Lot in the Subdivision die or become unsightly, the Lot Owner is required to replace them with comparable trees at least one and one-half inches (1 ½”) in diameter and six feet seven inches (6’7”) tall. In accordance with the Township Ordinance, any sidewalk damaged by tree roots or any sidewalk that becomes broken or shifted by other causes, must be repaired or replaced by the Lot Owner if the Board of Directors, in its sole discretion, determines that such damage is a hazard to pedestrians or bikers using it, or becomes unsightly. If said unsatisfactory condition is not corrected within six (6) weeks, the Board of Directors will notify the Township of said condition. No trees exceeding six (6) inches in diameter shall be removed or cut, nor shall surface soil be dug or removed from any Lot for purposes other than building and landscaping of said Lot, without the prior consent of the Architectural Control Committee. Prior to commencement of construction of any Structure, each Lot Owner shall submit to the Architectural Control Committee a plan for the preservation of trees in connection with the construction process. The Lot Owner shall not commence construction unless such plan is approved by the Architectural Control Committee.
- Nuisances. No noxious or offensive activity shall be carried on or upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other Lots or Lot Owners. The Architectural Control Committee shall be the final arbiter of whether a particular activity or Lot Owner is in violation of the foregoing restrictions.
- Reservation of Rights. The Association reserves for itself and its respective agents, the right to enter upon any Lot for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, or other unsightly growth, which in the opinion of the Association’s Board of Directors, detracts from the overall beauty, setting, and safety of the Subdivision. Such entrance for the purpose of mowing, cutting, clearing, or pruning shall not be deemed a trespass. The Association and its respective agents may likewise enter upon such land to remove any trash which has collected on such Lot without such entrance and removal being deemed a trespass. The provisions of this paragraph shall not be construed as an obligation on the part of the Association to mow, clear, cut, or prune any Lot, nor to provide garbage or trash removal services.
- Unsightly Conditions. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or ground on such Lot which shall tend to substantially decrease the beauty of the Subdivision as a whole or any specific area thereof. No lawn ornaments, sculptures, or statues shall be placed or permitted to remain on any Lot without the prior written permission of the Architectural Control Committee. The Board of Directors shall notify the Lot Owner in writing of the existing deficiency on the Lot and allow the Lot Owner four (4) weeks from the date of notification to bring the Lot in compliance with the Subdivision’s Covenants and Restrictions. If the Lot Owner fails or refuses to do the necessary maintenance and/or repairs, the Board of Directors shall have the right to take remedial action by hiring a contractor to do the necessary work, and assess all costs for the same to the Lot Owner. The assessment shall be payable upon demand to the Association, and if not paid, such assessment shall be and become a lien on the Lot and is subject to the terms defined in Article V, Paragraph J. . The provisions of this paragraph shall not be construed as an obligation on the part of the Association or the Board to correct all unsightly conditions.
- Driveways. All driveways shall be paved with concrete and shall be completed, weather permitting, prior to occupancy. Any changes made in the shape or size of the driveway, with the use of paving bricks or concrete, shall be subject to the Architectural Control Committee approval.
- Temporary Structures. Trailers, tents, shacks, tool sheds, barns, or any temporary buildings of any design whatsoever are expressly prohibited within this Subdivision, and no temporary residence shall be permitted in an unfinished residential building.
- Antenna. No outside television antenna or other antenna or similar device shall be placed, constructed, altered, or maintained on any Lot, unless the Architectural Control Committee determines, in its sole discretion, that such an antenna or device shall be permitted with respect to a particular Lot. One or two dish antennas (up to twenty-five (25) inches in diameter) are permitted at the rear of the home.
- Signs. A sign placed in public view cannot exceed ten (10) square feet in size and cannot be displayed longer than ninety (90) days per year, with the exception of “for sale” signs that advertise a particular Lot in the Subdivision. Signs must be maintained in good condition at all times and removed at the termination of their use.
- Animals. No farm animals, livestock, or wild animals shall be kept, bred, or harbored on any Lot, nor shall any animals be kept or bred for commercial purposes. Domestic animals commonly deemed to be household pets may be kept by the Owner and members of his household so long as such pets are not objectionable or offensive to others. In no event shall more than three (3) such pets be kept or harbored on any Lot.
Any dog kept by a resident on his premises shall be kept on a leash or in a dog run or pen, and shall not be allowed to run loose or unattended. No dog runs or pens shall be permitted to be erected or maintained unless located within the rear yard adjacent to a wall of the main Dwelling or garage facing the rear of the interior of the Lot, nor shall such runs or pens extend beyond the end of the Dwelling or garage into the side yard. Written permission for such dog run(s) or pens must be obtained from the Architectural Control Committee.
- Fences and Walls. No fence or wall shall be erected, placed, or altered on any Lot nearer to the front street than the front building setback line, or nearer to the side street or corner Lots than the side building setback line, and provided, further, that no fence more than forty-eight (48) inches in height shall be constructed, except that solid fences or walls erected for the purpose of creating privacy for the occupancy of a Lot may be constructed to, but shall not exceed seventy-two (72) inches in height, and may be located only along rear lot lines and side lot lines no closer than the rear of the Dwelling on such Lot and not beyond the side building setback line on the street side in the case of a corner Lot. Notwithstanding the foregoing, fences in a side yard adjoining a public or private street shall not exceed thirty-six (36) inches in height, and all fences shall comply with the provisions of Article VI, P below. Where such fences abut the Common Area, no fence shall be erected except on condition that the Lot Owner of such Lot regularly cuts, cleans, and maintains the area of such Lot between said fence and the Common Area. No fences of any kind shall be erected without the written consent of the Architectural Control Committee upon receipt of a survey of Lot lines by an accredited surveyor or engineer, or a signed agreement from the neighboring Lots on each side concurring in the placement of the fence, and all fences shall be subject to approval by and permitting requirements of the Township. Fence support posts must be placed on the inside of the fence, and chain link fences are prohibited.
- Sight Distance at Intersection. No fence, wall, hedge, or shrub planting greater than three (3) feet in height above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of a street property line extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at least ten (10) feet above the ground, or such greater height as is necessary to prevent obstructions of such sight lines.
- Refuse, Stored Materials, and Stored Vehicles. No Lot shall be used or maintained as a dumping ground or for outside storage for rubbish, trash, garbage, or other materials. Other waste shall be kept in a sanitary container, properly concealed from public view. Garbage containers shall not be left at the road for more than twenty-four (24) hours in any one (1) week. Vehicles with substantial fluid leaks that stain the driveway or street are prohibited, and vehicles that are not operational cannot be stored on any Lot for a period longer than thirty (30) days.
- Swimming Pools. In-ground swimming pools may be installed, when approved in writing by the Architectural Control Committee as to size, location, materials, and type of construction; provided, however, that the proper building permit for such a Structure has been secured from the Township. Any such in-ground swimming pools shall be maintained in a safe and sanitary condition. No freestanding aboveground swimming pools will be permitted under any circumstances. In-ground or aboveground hot tubs are permitted in the backyard only, subject to the swimming pool setbacks defined in Article VI, Paragraph D(4), provided above.
- General Conditions:
- No structural covers for vehicles or boats, tents, house trailers, mobile homes, boats, boat trailers, camping vehicles, camping trailers, RV's, junk cars, motorcycles, motor homes, or commercial vehicles, other than those making normal deliveries or pickups in the normal course of business, may be parked or stored on any Lot in the Subdivision, unless stored fully within a private attached garage.
- No laundry shall be hung for drying in such a way as to be visible from the street on which the Dwelling fronts, and in the case of corner Lots, such laundry shall not be hung so that it will be visible from the streets on which the Dwelling fronts and sides.
- Window-mounted or “through the wall” air conditioner units are not permitted in the front or side of any Dwelling.
- Stationary generators are not permitted on the front or side of any Dwelling.
- All mailboxes shall be kept in good condition, and shall be located uniformly with reference to the Dwellings and in accordance with post office requirements.
- All landscaping, including trees, bushes, flowers, plants, and grass must be maintained in a generally good condition, and grass height must not exceed six and one-half (6 ½) inches, as it may be considered unsightly.
- Utility Easements. Easements for the construction, installation, and maintenance of public utilities, and for drainage facilities, are reserved as shown on the recorded plat. Within all of the foregoing easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of such service facilities and utilities, including underground electrical and telephone local distribution systems, or which may change, obstruct, or retard the flow or direction of water in and through drainage in the easements, nor shall any change, which may obstruct or retard the flow of surface water, or be detrimental to the property of others, be made by the occupant in the finished grade of any Lot once established by the builder upon completion of construction of the Dwelling thereon without the written consent of the Architectural Control Committee. The easement area of each Lot and all improvements in it shall be maintained (in a presentable condition continuously) by the Lot Owner, except for those improvements for which a public authority or utility company is responsible, and the Lot Owner shall be liable for damage to service, facilities and utilities thereon, including damage to electric, gas, cable, and telephone distribution lines and facilities therein. Except as may be otherwise provided herein, each Lot Owner shall maintain the surface area easements within his property, to keep weeds out, to keep the area free of trash and debris, and to take such action as may be necessary to eliminate or minimize surface erosion.
- Public Utilities. All public utilities such as water mains, sanitary sewers, storm sewers, gas mains, electric and telephone local subdivision distribution lines, and all connections to same, either private or otherwise, shall be installed underground; provided, however, that the above ground transformers, pedestals, cable and/or other feeder pole lines, and other above ground electric and telephone utility equipment associated with or deemed necessary by The Detroit Edison Company and the Michigan Bell Telephone Company, or the Declarant, for underground utility installations distribution systems, and surface and off-sight open drainage channels and facilities, as well as street lighting stanchions, shall be permitted. In addition, the Subdivision and each Lot therein is subject to the terms of an Agreement and to the terms of an Easement Grant and Declaration of Restrictions, in each case between the Declarant and The Detroit Edison Company and the Michigan Bell Telephone Company, which instruments may now be or will hereafter be recorded in the Washtenaw County Records, and in each case relating to the installation and maintenance of underground electric and communication service and facilities, and which instruments are, by this reference, incorporated herein.
- Structure Completion / Fire Damage. The erection of any Dwelling or other Structure shall be completed and ready for occupancy within ten (10) months from start of construction. The repair of any Structures damaged by fire or otherwise shall be completed as rapidly as possible; however, should the Lot Owner leave such Structure in an incomplete condition for a period of more than six (6) months, the Association, or their authorized representative, is authorized and empowered either to tear down and clear from the premises the uncompleted portion of such Structure, or to complete the same at their discretion, and in either event, the expense incurred shall be charged against the Lot Owner's interest therein and shall be a lien upon said lands and premises. The exterior of all Dwellings and other Structures must be completed as soon as practical after construction commences, except where such completion is impossible or would result in great hardship to the Lot Owner or builder due to strikes, fires, national emergency, or natural calamities.
APPROVAL OF STRUCTURES
- No Structure may be erected, installed, or placed upon any Lot unless the Lot Owner of such Lot has submitted the following documentation to the Architectural Control Committee and the Architectural Control Committee has approved all of such documentation in writing:
- A topographic survey of the Lot prepared and certified by a licensed engineer or architect showing existing and proposed grades, the location of all trees in excess of six (6) inches in diameter, and the proposed location of each Structure located or to be located upon the Lot;
- Construction and architectural plans prepared and certified by a licensed engineer or architect including dimensioned floor plans, topical sections, and all elevations for all Structures to be constructed upon the Lot;
- Specifications for each Structure prepared and certified by a licensed architect or engineer setting forth the type and quality of all materials and workmanship, and including a detailed finish schedule for all exterior materials, products and finishes, with actual samples of all exterior materials, if requested, by the Architectural Control Committee;
- A landscaping plan of the Lot prepared and certified by a licensed landscape architect showing finished grading, plantings, seeding, and lighting
- construction schedule specifying the commencement and completion dates of construction of the Structures, as well as such other dates as the Architectural Control Committee may specify for completion of stages of the Structures,
- A Lot Owner shall submit two (2) copies of the afore-described documents to the Architectural Control Committee, and the Architectural Control Committee shall retain one (1) copy of each document for its records.
- The Lot Owners intend and desire that all Structures within the Subdivision be architecturally harmonious and architecturally pleasing and that the design and location of such Structures take into account the preservation of trees and the natural environment of the Subdivision. In order to insure that such goals are accomplished, the Architectural Control Committee shall, in its sole discretion, have the right to approve or disapprove the appearance, construction, materials, proposed location, design, specifications, or any other attribute of any Structure; provided, however, that such power of approval must be exercised in a fair and reasonable manner.
- A Lot Owner may only construct, install, or place upon a Lot, those Structures which have been approved in writing by the Architectural Control Committee in the manner set forth herein. A Lot Owner may not materially or significantly change, alter, or modify an approved Structure including, but not limited to, alterations in the exterior materials or appearance, or the landscaping plan of a Lot, without the written consent of the Architectural Control Committee.
ARCHITECTURAL CONTROL COMMITTEE
Except as otherwise expressly provided herein, the Architectural Control Committee shall have exclusive jurisdiction over the rights of approval and enforcement set forth in this Amended Declaration. The Architectural Control Committee shall be appointed by the Board of Directors of the Association, and it shall consist of at least one (1) but not more than three (3) persons. No Member of the Architectural Control Committee shall be compensated from assessments collected from the Members of the Association for the time expended in Architectural Control activities.
EXCULPATION FROM LIABILITY
- As provided in Article VII hereof, the primary purpose for providing for architectural control is to ensure the proper and harmonious development of the Subdivision in order to maximize the aesthetic beauty of the Subdivision and its’ blending with the surrounding area. To this end, the Architectural Control Committee shall be deemed to have broad discretion in terms of determining what Dwellings, fences, walls, hedges, or other Structures will enhance the aesthetic beauty and desirability of the Subdivision, or otherwise further or be consistent with the purpose for any restrictions. In no event shall the Declarant, the Association, or the Architectural Control Committee have any liability whatsoever to anyone for their approval or disapproval of plans, drawings, specifications, elevations, or the Dwellings, fences, walls, hedges, or other Structures subject hereto, whether such alleged liability is based on negligence, tort, express or implied contract, fiduciary duty, or otherwise. In no event shall the Declarant, the Association, or the Architectural Control Committee have any liability whatsoever to anyone including, but not limited to, Lot Owners, for approval of plans, specifications, Structures or the like, which are not in conformity with the provisions of this Amended Declaration, or for disapproving plans, specifications, Structures or the like, which may be in conformity with the provisions hereof.
- In no event shall any party have the right to impose liability on, or otherwise contest judicially, the Declarant, the Association, or the Architectural Control Committee for any decision of the Declarant, the Association, or the Architectural Control Committee (or alleged failure of the Declarant, the Association, or the Architectural Control Committee to make a decision) relative to the approval or disapproval of a Structure or any aspect or other matter as to which Declarant, acting through the Architectural Control Committee or otherwise, reserves the right to approve or waive under this Amended Declaration. The approval of the Declarant or the Architectural Control Committee of a Structure or other matter shall not be construed as a representation or warranty that the Structure or matter is in conformity with the ordinances or other requirements of the Township, or any other governmental authority. Any obligation or duty to ascertain any such conformity, or to advise the Lot Owner or any other person of the same (even if known), is hereby disclaimed.
- Duration. The Amended Declaration of Covenants and Restrictions herein created shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Lot Owner of any land subject to this Amended Declaration in perpetuity; however, the then Owners of two-thirds (2/3) of the Lots may further amend said Covenants and Restrictions in whole or in part, in a separate written agreement; provided, however, that no such written agreement and instrument of change shall be effective until made and recorded at least one (1) year in advance of the effective date of such change, and unless written notice of proposed agreement and instrument of change is sent to every Lot Owner at least ninety (90) days in advance of any action taken; and provided, further, that no such agreement and instrument of change affecting, in any way, the Common Area(s) within the Subdivision shall be effective unless the prior consent thereto of the Township, by and through its Township Board, shall have first been obtained.
- Notices. Any notice required to be sent to any Lot Owner under the provisions of this Amended Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Lot Owner on the records of the Washtenaw County, Michigan, Registrar of Deeds Office at the time of such mailing.
- Enforcement. Enforcement of these Covenants and Restrictions shall be by any proceeding at Law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any Lot Owner to enforce any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
- Severability. Invalidation of any one or more of these Covenants or Restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.