ARTICLE ONE
SINGLE FAMILY DETACHED USE AND OCCUPANCY RESTRICTIONS
Section 1. Establishment of Restriction. In order to provide for congenial occupancy of the community, and for the protection of the value of the individual parcels of real property therein, the use of said parcels of property shall be subject to the following limitations.
- No parcel shall be used for other than single-family residential purposes and the common elements shall be used only for purposes consistent with the use of single-family residences except that professional and quasi-professional co-owners may use their residences as ancillary facilities to their offices established elsewhere, as long as such use does not generate unreasonable traffic by members of the general public. However, these restrictions on use shall not be construed to prohibit an owner from (a) maintaining a personal professional library, (b) keeping personal business or professional records or accounts, or (c) handling personal business or professional telephone calls or correspondence. Not more than one single-family dwelling may be located on each parcel. Notwithstanding anything to the contrary herein, all use, occupancy and construction of homes upon the parcels shall comply with the provisions of the Township of Cheshire, County of Allegan and State of Michigan Zoning Ordnance and applicable construction standards. No home containing 2 bedrooms shall be occupied by more than 4 persons, no home containing 3 bedrooms shall be occupied by more than 6 persons, and no home containing 4 bedrooms shall be occupied by more than 8 persons, for more than 3 consecutive days.
- No immoral, improper, unlawful or offensive activity shall be carried on in any parcel or upon the common elements, nor shall anything be done which may be or become an annoyance or a nuisance to the owners, nor shall any unreasonably noisy activity be carried on upon any parcel or on the common elements.
- The common elements shall not be used to store supplies, materials, personal property, trash nor refuse of any kind, except as provided in duly adopted Community rules and regulations. Trash receptacles shall be maintained in areas designated therefore at all times and shall not be permitted elsewhere on the common elements except for such short periods of time as may be reasonably necessary to permit the periodic collection of trash in accordance with any contract for trash collection maintained by the Community Association. The common elements shall not be used in any way for the drying, shaking or airing of clothing or other fabrics. In general, no activity shall be carried on nor condition maintained by a member, either upon his parcel or upon the common elements, which spoils the appearance of the community.
- Landscaped areas, roads, parking areas and, in general, all of the general common elements, shall not be obstructed in any way nor shall they be used for purposes other than those for which they are reasonably and obviously intended. No bicycles, vehicles, chairs or benches may be left unattended on or about the common elements. Use of any recreational facilities in the community may be limited to such times and in such manner as the Community Association shall determine by duly adopted regulations.
- No member shall use, or permit any occupant, agent, employee, invitee, guest or member of his family to use, any firearms, air rifles, pellet guns, BB guns, bows and arrows or other similar dangerous weapons, projectiles or devices anywhere on or about the community premises.
- No signs or other advertising devices shall be displayed which are visible from the exterior of a parcel or on the common elements, including "For Sale" and "For Rent" signs without written permission form the Community Association.
- No animal shall be kept except common indoor household pets. Such pets may not be kept nor bred for and commercial purpose and shall have such are and restraint so as not to be obnoxious or offensive on account of noise, odor or unsanitary conditions. No savage nor dangerous animal shall be kept. No such pets may be permitted to run loose upon the common elements. The Community Association may, without liability to the owner thereof, remove or cause to be removed, any animal from the community which it determines to be in violation of the restrictions imposed by this Section. The Community Association shall have the right to require that any pets be registered with it and may adopt such additional reasonable rules and regulations with respect to animals as it may deem proper. Any person who causes an animal to be brought or kept in the community shall indemnify and hold harmless the Community Association for any damage, loss or liability which might accrue to the Community Association as a result of the presence of such animal in the community, regardless or whether the animal's presence is permitted.
- Owners shall park their automobiles and light trucks in the garage or on the driveway situated on a parcel (unless this provision is waived or modified by the Community Association as to a particular parcel or parcels). No boat trailers, boats, camping and recreational trailers and vehicles, snowmobiles, snowmobile trailers or vehicles other than automobiles or light trucks shall be parked in the community property, outside of a garage, for more than 24 hours without written consent from the Community Association, and no snowmobile or other motorized recreational vehicle shall be operated on the condominium property, excepting, however golf carts. All vehicles, recreational vehicles and trailers shall have current registration or license and be suitable for use on public property. No house trailers will be allowed on the community premises. Commercial vehicles and trucks shall not be parked in or about the community (except as above provided) unless while making deliveries or pickups in the normal course of business. Owners, shall, if the Community Association shall require, register all vehicles maintained in the community with the Community Association. No go carts or other children's motorized vehicles shall be operated on the common areas.
- Reasonable regulations consistent with this Section and the purposes of the same concerning the use and management of the common elements and parcels may be made and amended from time to time by any Board of Directors of the Community Association. Copies of all such regulations and amendments thereto shall be furnished to all owners and shall become effective ten (10) days after mailing or delivery thereof to the designated voting representative of each owner. Any such regulation or amendment may be revoked at any time by the affirmative vote of fifty one percent (51%), or more or all owners in number and in value at any duly convened meeting of the Community Association, except that the members may not revoke any regulation or amendment prior to the first meeting of the Community Association.
- No unsightly condition shall be maintained upon any balconies, porches or decks or yards and only furniture and equipment consistent with ordinary balcony, porch or deck use shall be permitted to remain there during seasons when such areas are reasonable in use.
- None of the restrictions contained in this Section shall apply to the commercial activities or signs or billboards, if any, of the Developer during the development and sales period as defined hereinafter, or of the Community Association in furtherance of its powers and purposes set forth herein. For the purposes of this subsection, the development and sales period shall be deemed to continue so long as Developer owns any unit which he offers for sale or so long as any additional parcels may be created in the community. Until all parcels that may be created in the community have been sold by Developer, Developer shall have the right to maintain a sales office, a business office, a construction office, model unity, storage areas, reasonable parking incident to the forgoing and such access to, from and over the project as may be reasonable to enable development and sale of the entire project by Developer.
Section 2. Construction Standards and Architectural Review. an Architectural and Environmental Review Board (Design Agent) will be established for the purposes set forth below. So long as the Developer owns any parcels or any portion of the expansion area, or until the Developer relinquishes such rights in writing, The Design Agent will be one or more persons appointed by the Developer. Thereafter, the Design Agent shall be appointed by the Board of Directors of the Community Association. The Design Agent shall serve at the pleasure of the Developer or the Community Association, as the case may be. The following restrictions will apply to construction by owners on their parcels and are not applicable to the construction by the Developer:
- Site Plan Review. the Design Agent, shall review and approve the placement, design and exterior finish of the dwelling as well as other buildings and site improvements, well, septic system, and landscaping for any building on any lot. This review applies to the original building and improvements and to later additions or alterations. The Design Agent may withhold approval because of lack of compliance with any restriction or condition contained herein or because of its reasonable dissatisfaction with any matters which would render the proposed improvement inharmonious or out of keeping with the community.
- Building Size. All dwellings must have a minimum area of 1500 square feet, excluding basements, walkout or otherwise upon the first or ground floor thereof, provided, however, that a two story or greater home shall have a minimum square foot first or ground floor size of 1,200 square feet.
- Setback. Building setbacks shall be subject to the Design Agent's approval and applicable codes and regulations.
- Construction Standards. All construction must meet the BOCA Building Code together with state and local ordinances and regulations. All dwellings must have sidewalls of not less than 8 feet in height and roof pitches of not less than 4-12.
- Outbuildings. No outbuildings, pole barns, detached garages or similar structure shall be allowed on a parcel.
- Length of Construction Period. All buildings commenced and/or remodeled shall be completed on the exterior within twelve months after start of construction, and all construction waste materials (including excess soil) shall be removed from the premises or stored within the building. All landscaping shall be finished within one year after start of construction.
- Utilities. All utilities shall be located underground. The owner shall notify the Developer when electric service is furnished to the Unit.
- Fences and Markers. No fences shall be permitted (except as part of a deck, patio or pool), unless approved by the Design Agent. No lot line nor corner markers shall be created by owners.
- Paving. Driveways and sidewalks shall be surfaced with concrete or brick, and shall match into the edge of existing streets and sidewalks.
- Landscaping. Trees over 4" in diameter, measured 4' above grade, cannot be removed without Community Association's approval. Planting of flowers, shrubs and trees may be done by owners without Design Agent's approval and shall be maintained in a healthy and attractive condition, by the owner.
- Antennas. No satellite, DSS nor other communication dish nor device in excess of 14 inches in diameter nor any antennas shall be placed on the exterior of any home.
- Building Plan Review.
- Preliminary Plans. Preliminary plans should include the site plan, floor plans for all levels of the home and elevations of all sides of the home. A color rendering of the home with landscaping is desirable.
- Materials and Colors. Material and color selection for all the exterior elevations are to be submitted, specifically masonry, siding, trim, garage door(s) and roof. Wood, paint or stain samples as well as brick selection must be submitted.
- Final Approval. For final approval, a set of working drawings are to be submitted to include site plans, all exterior elevations, and construction details, designed and stamped by a registered professional architect (unless waived in writing by the Design Agent). These drawings shall incorporate any required revisions from the preliminary submission.
Section 3. Enforcement. Failure to comply with any of the terms of hereof, the Articles of Incorporation of the Community Association, or its Bylaws or rules and Regulations, shall be grounds for relief, which may include, without limitation, an action to recover sums due for such damages, injunctive relief, ad any other remedy that may be appropriate to the nature of the breach. The failure of the Community Association to enforce any right, provision covenant or condition shall not constitute a waiver of the right of the Association to enforce such right, provision, covenant or condition in the future.
ARTICLE TWO
Section 1. Use Disclaimer. The Developer and Community Association do not assume liability for accidents to persons while using all or any part of the Common Elements of the project, including but not limited to the waters of the Community Lakes, the risk of injury by the use thereof which is assumed solely by the user. For purposes hereof the term "Community Lakes" means the bodies of water constructed within the community by the Developers and not Swan Lake.
Section 2. Owners Exclusive Use. The Common Elements and use of the waters of the community Lakes is reserved solely to the owners, their family and guests, provided however, that owners shall not allow the use of their boats or water craft by their guests without being present with said guests at the time of such use.
Section 3. General Regulations.
- Owners shall not fill the Community Lakes with soil or other materials. No altering of the shoreline will be allowed unless prior written approval is acquired from the Developer or Board of Directors of the Community Association.
- No fishing structures or any other materials, man-made or natural, are to be placed into the Community Lakes.
- Piers, docs, or floating docks may not be constructed and are prohibited.
- Fishing shall be permitted in compliance with all laws of the State of Michigan and Rules and Regulations of its Departments of Natural Resources of Environmental Quality, including, but not limited to, the necessity of fishing licenses and numerical catch limits otherwise imposed for the fish species exsisting in the Community Lakes.
Section 4. Water Craft.
- The operation of motorized water craft of any type of design is prohibited upon the waters of the Community Lakes.
Section 5. Amendments. The rules and regulations regarding Community Lake use and water craft are subject to amendment by the Developer or Community Association at any time in Accordance with the Amendatory Authority otherwise set forth herein.
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