SECTION I
NAME AND LOCATION
Section 1.1 Name
The name of the corporation STONE VALLEY PROPERTY OWNERS
ASSOCIATION, INC., hereinafter referred to as the “Association”.
Section 1.2 Location
The principal office of the corporation shall be located at 8118 Datapoint, The
Ariel House, San Antonio, Bexar County, Texas, 78229-3268, or such other location
within Bexar County, Texas, as the Board may from time to time designate.
SECTION II
DEFINITIONS
Section 2.1 Articles
“Articles” shall mean and refer to the Articles of Incorporation of the Association.
Section 2.2 Association
“Association” shall mean and refer to STONE VALLEY PROPERTY OWNERS ASSOCIATION, INC., a Texas non-profit corporation, its successors and assigns.
Section 2.3 Board
“Board” shall mean and refer to the Board of Directors of the Association.
Section 2.4 Common Area
“Common area” shall mean and refer to tall real property and improvements thereon owned by the Association for the common use and enjoyment of the members.
Section 2.5 Declaration
“Declaration” shall mean and refer to the Declaration of Covenants, Conditions, Restrictions, and Easements applicable to the STONE VALLEY PUD, UNITS I, II AND III Subdivisions, as recorded in the Deed Records of Bexar County, Texas and as amended or extended from time to time.
Section 2.6 Stone Valley
“Stone Valley” shall refer to that area which in the aggregate comprises the Properties as defined herein.
Section 2.7 tot
“Lot” shall mean and refer to any parcel of land shown upon the recorded subdivision maps or plats of the properties with the exception of the common area.
Section 2.8 Member
“Member” shall mean and refer to every record owner, whether one or more persons or entities, of fee simple title in any lot which is subject by covenants of record to assessment by the Association and shall include contract sellers but shall not include persons or entities holding an interest merely as security for the performance of an obligation.
Section 2.9 Properties
“Properties” shall mean and refer to that certain real property described in the Declaration and any amendment or extension thereof.
SECTION III
MEETING OF MEMBERS
Section 3.1 Plan-Of-Meeting
Meetings of the members shall be held at The Ariel House, 8118 Datapoint Drive, San Antonio, Texas 78229-3268, or other place within Bexar County, Texas, as may be designated by the Board in the notice of the meeting.
Section 3.2 Annual Meeting
The annual meeting of members for the election of Directors and for the transaction of such business as may properly come before the meeting, shall be held on the first Monday of the month of October in each year commencing at the hour of 7o’clock p.m., or on such other date as specified by the Board of Directors in the notice of such meeting.
Section 3.3 Special Meetings
Special meetings of the members may be called at any time by the Chairman of the Board, or upon a petition signed by thirty percent (30%) of the members entitled to cast votes at such meeting.
Section 3.4 Notice of Meetings
Unless effected as otherwise provided herein or in the Declaration, written or printed notice of each meeting of the members shall be given by or at the direction of the Secretary/Treasurer or other person authorized to call such meeting by mailing postage prepaid to each members entitled to vote thereat, a copy of such notice not less than ten (10) nor more than fifty (50) days before the date of such meeting. Such notice shall be addressed to the member at his or her address as it appears on the records of the Association as at the time of mailing and shall specify the place, date and hour of the meeting and, in the case of special meeting, the purpose of the meeting.
Section. 3.5 Quorum
3.5(1) Members holding one-tenth (1/10) of the votes entitled to be cast, represented in person or by proxy, shall constitute a quorum except as otherwise provided herein, in the Articles, or in the Declaration.
3.5(2) In the event such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time without notice other than announcement at the meeting until a quorum as aforesaid shall be present or represented.
Section 3.6 Proxies
A member may vote in person or by proxy executed in writing by the member or by his or her duly authorized attorney-in-fact. The Board shall be authorized to designate the form of proxy to be used. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. A proxy shall be revocable at any time by its maker.
Section 3.7 Rules of Procedure
Meetings of the members shall be conducted in accordance with the rules and procedures outlined in The ABC’s of Parliamentary Procedure, published by the Community Association Institute.
SECTION IV
VOTING
Section 4.1 Voting
Each member shall cast their votes as provided for in Article V. of the Declaration.
Section 4.2 Cumulative Voting
Cumulative voting shall not be permitted.
Section 4.3 Majority Vote
The vote of a majority of the votes entitled to be cast by the members present in person or by proxy, at a meeting for which a quorum has been obtained shall be necessary for the adoption of any matter by the members, unless a greater proportion is otherwise required by the Articles or the Declaration.
SECTION V
DIRECTORS
Section 5.1 Number of Directors
The affairs of the Association shall be governed by a Board of Directors which shall consist of no more than five (5) persons and no less than three (3) persons. In the event the number of Directors is changed, whether by Resolution of the Board or by amendment to these Bylaws, no such change shall have the effect of removing any director prior to the expiration of his or her term of office.
Section 5.2 Election
Members of the Board of Directors shall be elected at large by all members of the Association.
Section 5.3 Qualifications of Directors
A Director shall be a member of the Association in good standing at the time of nomination. This section shall not apply to incumbent directors at the time of adoption hereof who may stand for election for successive consecutive, terms of office.
Section 5.4 Nomination
5.4 (1) Nomination for election to the Board shall be made in writing on the form
approved and provided by the Board of nominations. Nominations shall include the
written undertaking of the nominee to serve if elected. Written nominations shall be
accepted until 12 noon on the third Thursday of September by the election officer
designated by the Board and no written nomination shall be accepted thereafter.
5.4 (2) The election officer shall check all nominations and shall disqualify from
election any nominee not qualified for election or improperly nominated. In the event a
nominee is disqualified by the election officer, he or she shall be immediately notified in
person, by telephone or in writing of such disqualification and shall be entitled to remedy
such disqualification within twenty-four (24) hours of such notification, in which case his
or her nomination shall be accepted notwithstanding the initial disqualification. The
decision of the election officer regarding disqualification shall be final.
4.4 (3) Notice of election shall be included with the notice of annual meeting and nominees shall be invited to provide by a specific deadline brief biographical information not exceeding 250 words in length to be distributed with such notice. Biographical information not submitted by the deadline established shall not be so distributed.
Section 5.5 Direction of Election
On or before August 1st of each year, the Board shall by resolution designate one of its members not standing for re-election to the Board to serve as election officer for the annual election. The election officer shall receive written nominations as provided herein and shall administer the annual election. The election officer shall appoint in writing such assistants as are in his her judgement required to conduct the election but in no case shall less than two (2) assistants be designated and who shall not be paid for their services nor be members of the Board of Directors or a candidate for election thereto.
Section 5.6 Voting
5.6(1) Unless another form of voting is adopted at the annual meeting, election to the Board shall be by secret written ballot. The election officer shall prepare or cause to be prepared a written ballot listing in random order the names of nominees for election, which ballot shall also provide write-in space for the names of candidates nominated from the floor at the annual meeting.
5.6(2) The election of new members to the Board shall be the first order of business following the adoption of the agenda at the annual meeting. Voting shall remain open for thirty (30) minutes provided, however, that members present and waiting to vote at the end of the voting period aforesaid shall be afforded the opportunity to do so notwithstanding the aforesaid.
5.6(3) Voting and the counting of ballots cast shall be conducted by the election officer and his or her assistants. The results of balloting shall be announced by the election officer before the close of the annual meeting and the nominee(s) receiving the highest number of votes shall be declared by the Chairman of the Board to have been elected. The Chairman of the Board shall announce only the name(s) of the successful candidate(s) and shall not announce or post the vote totals of the respective candidates. The election officer shall thereafter certify in writing the results of the balloting, which results shall be countersigned by his or her assistants.
Section 5.7 Staggered Terms
No more than three (3) Directors shall be elected to the Board during any one year.
Section 5.8 Term of Office
Unless otherwise provided herein, each Director shall be elected for a term of three (3) years.
Section 5.9 Removal of Board Members
5.9(1) By Members: A Director may be removed from the Board by the vote of a majority of a quorum of members entitled to vote at a meeting of the members.
5.9(2) By Impeachment A Director may be removed from the Board by impeachment by the Board for conduct unbecoming a member of the Board or other good cause.
(a) Impeachment of a Director shall be commenced by resolution of the Board adopted at any meeting of the Board. Upon adoption of a resolution to consider impeachment, the Board shall at its next regular meeting consider the matter. The Chairman shall appoint one member of the Board to present the case for impeachment and afford the Director whom it is proposed be impeached the opportunity to speak in
response at such meeting. Following presentation of the case for impeachment and response thereto, the Board may by resolution adopted by a majority in favor impeach such Director. In the event such resolution is so adopted, impeachment shall be reconsidered by the Board at its next regular meeting and may by resolution be ratified by a majority in favor impeach such Director. ha the event such resolution is so adopted, impeachment shall be reconsidered by the Board at its next regular meeting and may by resolution be ratified by a majority in favor of ratification of impeachment. In the event of such ratification, impeachment shall be confirmed by the Board at its next regular meeting
and may by resolution be confirmed by a majority in favor of confirmation of impeachment, which confirmation shall operate to forthwith remove such Director from and vacate his or her office.
5.9(3) By Declaration of Vacancy.: In the event a Director shall be absent from three consecutive meetings of the Board, the Board may by resolution declare his or her office to be vacant, and in such case such Director shall be deemed to have resigned from the Board as of the adoption of such resolution. A meeting which has been rescheduled shall not be considered to be a meeting of the Board for the purposes of this section only.
Section 5.10 Deemed-Resignation
A director shall be deemed to have resigned when he or she ceases to be a member in good standing. The provisions of this section shall not apply to any incumbent Director at the time of adoption hereof or during any successive consecutive term of office of such director.
Section 5.11 Vacancies
A vacancy on the Board shall exist on the death, resignation, or removal of any Director, in the event of a declaration of vacancy by the Board, or if the members fail at any annual or special meeting of members at which any Director or Directors are to elected to elect the number of Directors authorized to be voted for at that meeting.
Section 5.12- Appointment to Fill Vacancies
In the event of a vacancy on the Board, the remaining members of the Board shall select and appoint to the Board a successor who shall serve the unexpired term of his or her predecessor.
SECTION VI
MEETINGS OF DIRECTORS
Section 6.1 Meetings
Meetings of the Board shall be held at such place and hour as may be fixed from time to time by the Board. Notice of such meetings shall be given to each Director at least seven days prior to each such meeting and shall specify the place and time of such meeting.
Section 6.2 Special Meetings
6.2(1) Special meetings of the Board shall be held when called by the Chairman of the Board or by any two (2) Directors. Notice of special meetings of the Board shall be given orally or in writing to each Director at least twenty-four (24) hours before any such meeting. Notice shall be deemed to have been given in writing when delivered to the present home address of a Director as shown on the records of the Association.
6.2(2) Attendance at a special meeting by a Director shall constitute a waiver of notice of such meeting except where a Director attends for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
Section 6.3 Open Meetings
Regular meetings of the Board shall be open to all members, provided, however, that members who are not members of the Board may not participate in any deliberation or discussion unless recognized by the Chair to so participate. Such recognition may be overruled by a vote of a majority of a quorum of the Board. The Board may, with the approval of a majority of a quorum of its members, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, property matters, litigation in which the Association is or may become involved and orders of business relating to matters which are or may be the subject of a claim or privilege or for any purpose deemed appropriate in the discretion of the Board.
Section 6.4 Quorum
A majority of the Board shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be the act of the Board unless a greater number is required by law.
Section 6.5 Action Taken Without a Meeting
6.5(1) Emergency: Directors shall have the right to take emergency action which they could take at a duly constituted meeting without a meeting by obtaining approval of a majority of Board members. Any action so approved shall have the same effect as if taken at a meeting of the Board, shall be evidenced by sworn affidavit and shall be documented in the minutes of the next regular Board meeting.
6.5(2) By Consent: Any action which may be taken at a meeting of the Directors
may be taken without a meeting if a consent in writing setting forth the action so taken
shall be signed by all Directors. Any action so approved shall have the same effect as if
taken at a meeting of the Board and shall be documented in the minutes of the next regular
Board meeting.
6.5(3) By Conference, Telephone,. or Similar Equipment: Any regular or special
meeting of the Board may be held by means of conference telephone or similar
communications equipment whereby all persons participating in the meeting can hear and
be heard by each other. Participation in such a meeting shall be deemed to be presence in
person at the meeting.
6.6 Rules of Order
Regular meetings of the Board shall be conducted in accordance with the procedures outlined in The ABC’s of Parliamentary. Procedure, published by the Community Associations Institute.
SECTION VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 7.1 Powers of the Board
The Board of Directors shall have the power to:
(a) adopt and publish rules and regulations governing the use of the common area and facilities and the personal conduct of the members and their guests thereon and to establish penalties for the infraction thereof, which penalties may include fines, or the suspension of the right of a member to use the common area and facilities;
(b) suspend the voting rights or any member and/or the right of any member to use of the common area and facilities during any period in which such member shall be in default in the payment of any assessment levied by or for the benefit of the Association;
(c) hire such personnel as are in the opinion of the Board necessary for the efficient and effective operation of the Association and delegate to such personnel such of the rights, powers and privileges of the Board as to the Board may seem necessary and advisable;
(d) exercise the rights, powers and privileges delegated to the Board herein;
(e) exercise for the Association all powers, duties and authorities vested in or delegated to the Association and not otherwise herein reserved to the members of the Association in the Articles of Declaration.
Section 7.2 Method of Exercise of Powers
The Board shall exercise its rights, powers and privileges by resolution.
Section 7.3 Organization the Board
The Board shall organize itself to exercise its rights, powers and privileges and carry out its duties and responsibilities in such a manner as it shall, from time to time, determine and shall be authorized to organize, appoint and regulate standing and select committees to advise the Board from time to time as seems prudent.
Section 7.4 Chairman and Vice-Chairman
7.4(1) Election: The Board shall meet each year on the Thursday next following the annual meeting to elect a Chairman and Vice Chairman, who shall at all times be members of the Board and shall serve for one (1) year unless they or either of them shall sooner resign, be removed or otherwise become disqualified to serve.
7.4(2) Removal: The Chairman and Vice Chairman may be removed from office
at any time by the vote of a majority of the Board. The Chairman or Vice Chairman may
resign at any time by giving written notice to the Board and such resignation shall be
effective on the date of receipt of such notice or such later time specified therein and the
acceptance of such resignation shall not be necessary to make it effective.
7.5 Compensation of Directors
No Director shall receive compensation for any service he or she shall render to the Association. Any Director may be reimbursed for his or her actual expenses incurred in the performance of designated duties.
7.6 Duties of the Board
It shall be the duty of the Board to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to present an annual report thereof to the members at the annual meeting of the members;
(b) supervise all Association officers and agents and to see that their duties are properly performed;
(c) as more fully provided in the Declaration, to fix the amount of the annual assessment of each lot;
(d) cause written notice of assessment to be sent to each owner subject thereto at least thirty (30) days before the date when payment of such assessment is due;
(e) cause collection action to be taken to secure and collect delinquent assessments as more particularly set out in the Declaration;
(f) procure and maintain adequate liability, property and casualty insurance on employees, common area and facilities and cause all officers or employees to be bonded, as it may deem appropriate;
(g) cause the common area and facilities to be maintained;
(h) carry out short term and long range planning and policy development for the Association;
(i) supervise and direct the financial management and development of the Association;
(j) direct the provision of services to members;
(k) undertake to provide means of communications with Association members.
SECTION VIII
OFFICERS
8.1(1) Officers Generally: The officers of the Association shall be the Chairman of the Board, Vice Chairman, Secretary, Treasurer and such other officers as the Board may from time to time by resolution create.
8.1(2) Offices of President and Vice-President: The office of Chairman of the Board shall be and include the office of President of the Association and the office of Vice Chairman of the Board shall be and include the office of Vice President of the Association. The President of the Association shall be known as the Chairman of the Board and the Vice President of the Association shall be known as the Vice Chairman of the Board.
8.1(3) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association, together with their addresses and shall perform such other duties as required by the Board.
8.1(4) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds .as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an unaudited annual financial statement of the Association books to be prepared at the completion of each fiscal year and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting and deliver a copy of each to the members.
8.2(2) Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices.
Section 8.2 Appointment of Officers
8.2(1) Chairman and Vice Chairman: Election by the Board of the Chairman and Vice Chairman as provided in Section 7.4 hereof shall be deemed to be election of the President and Vice President respectively.
Section 8.3 Resignation of Officers
8.3(1) Chairman and Vice Chairman: In the event the Chairman or Vice
Chairman shall resign, be removed or otherwise become disqualified to serve, he or she
shall be deemed to have resigned, been removed, or otherwise become disqualified to
serve as President or Vice President, as the case may be.
8.3(2) Other Officers: Any other officer may be removed from office by the Board at any time without cause and may resign at any time by giving written notice to the Board. Such resignation shall take effect on the date of receipt of such notice or any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 8.4 Vacancies
A vacancy in any office may be filled by appointment by the Board. The officer appointed to fill such vacancy shall serve for the remainder of the term of the officer he or she replaces.
Section 8.5 Duties of Officers
8.5(1) Chairman of the Board: The Chairman of the Board shall be the Chief
Executive Officer of the Association and shall preside at all meetings of the Board and of
the members; shall in consultation with the Secretary/Treasurer set the agenda for all
meetings of the Board and of the members; and with the approval of the Board shall
appoint committee chairpersons.
The Chairman of the Board shall be at liberty to participate in all the discussions of
the Board and vote on any motion thereof.
8.5(2) Vice Chairman_ of the Board: The Vice Chairman of the Board shall act in
the place and stead of the Chairman in his or her absence, inability or refusal to act and
shall exercise and discharge such other duties as may be required of him or her by the
Board
SECTION IX
COMMUNITY MANAGER
Section 9.1 Appointment
The Board may employ or contract with a Management Co. to whom the Board may delegate such duties and responsibilities as are appropriate to the office on such terms and conditions and with such compensation as the Board may determine.
SECTION X
INDEMNIFICATION
Section 10.1 Liability andindefmnification
No member of the Board or any other officer or employee of the Association or member of any committee of the Association appointed by the Board shall be personally liable to any member, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, or any representative or employee of the Association, provided that such person has, upon the basis of such information as may be possessed by him or her, acted in good faith. In the event any action is brought against any such person or entity, the Association shall indemnify such person or entity for all reasonable costs, including attorney’s fees, incurred in the defense of such action, including any settlement thereof. The Board shall be responsible to obtain insurance, to the extent possible, to provide the indemnification described in this section.
SECTION XI
BOOKS AND RECORDS
Section 10.1 Liability andindefmnification
No member of the Board or any other officer or employee of the Association or member of any committee of the Association appointed by the Board shall be personally liable to any member, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, or any representative or employee of the Association, provided that such person has, upon the basis of such information as may be possessed by him or her, acted in good faith. In the event any action is brought against any such person or entity, the Association shall indemnify such person or entity for all reasonable costs, including attorney’s fees, incurred in the defense of such action, including any settlement thereof. The Board shall be responsible to obtain insurance, to the extent possible, to provide the indemnification described in this section.
Section 11.1 Inspection
The books, records and papers of the Association shall at all times during reasonable business hours be available for inspection by any member for any proper purpose.
Section 11.2 Copies of Declaration of Articles and Bylaws
Copies of the Declaration, Articles and Bylaws of the Association shall be made available to any member at the principal office of the Association at a reasonable cost to be fixed from time to time by resolution of the Board.
Section 11.3 Minutes Generally
Minutes shall be kept of all meetings of the members, the Board and committees of the Board.
Section 11.4 Content of Minutes
Minutes shall record motions made, resolutions adopted, decisions made and
actions taken and shall briefly summarize the discussions and deliberations of the meeting
so as to provide appropriate background information.
Minutes shall state whether or not a motion was carried unanimously, carried or defeated and shall record-the-names of those voting against a motion or abstaining-forma vote.
Section 11.5 Adoption and Signature of Minutes
Minutes of a meeting of the members shall be presented to the members for adoption at the next meeting of the members. Upon adoption, the minutes shall be certified as correct by the then Secretary.
Minutes of a meeting of the Board shall be presented to the Board for adoption at the next regular meeting of the Board. Upon adoption, the minutes shall be certified as correct by the then Secretary.
Minutes of a meeting of a committee of the Board shall not require adoption nor certification.
SECTION XII
CHECKS
12.1 Signature of Checks
Checks shall only require the signature of one authorized signatory. Only the Chairman of the Board of Directors and the Vice-Chairman of the Board of Directors may be designated as authorized signatories. No one shall countersign any check on which he or she is the payee.
SECTION XIII
NON-PROFIT PURPOSE
Section 13.1 Non-Profit Purpose
In order to preserve the non-profit status of the Association, neither the Board nor any member thereof shall do any act, authorize or suffer the doing or any act by an officer or employee of the Association on behalf of the Association which is inconsistent with the Declaration, Articles or these Bylaws or Section 501(0(4) of the Internal Revenue Code and any such act shall be ultra vires and void.
SECTION XIV
GENERAL PROVISIONS
Section 14.1 Corporate Seal
The Board of Directors may, by resolution, adopt a corporate seal.
Section 14.2 Registered Agent
Christopher J. Weber shall be the registered agent of the Association for the service of process, notice or demand upon the Association. The address of said registered agent is The Ariel House, 8118 Datapoint Drive, San Antonio, Texas 78229-3268
Section 14.3 Execution of Documents.
The Board may, except as otherwise provided in the Declaration, Articles or these Bylaws, authorize any Director, officer or agent to execute any instrument or document in the name of and on behalf of the Association and affix the corporate seal thereto. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no Director, officer, agent or employee shall have any power or authority to bind, the Association by any contract or engagement, or to pledge its credit, or to render it liable for any purpose or for any amount.
Section 14.4 Fiscal Year
The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December in each year.
Section 14.5 Conflicts
These Bylaws are intended to comply with the Texas Non-Profit Corporation Act,
Declaration, and Articles of Incorporation. In case of an irreconcilable conflict, such
statute and documents shall control over these Bylaws.
SECTION XV
AMENDMENTS
Section 15.1 Amendments
These Bylaws may be amended at a regular or special meeting of the Board of Directors, by a vote of a majority of a quorum of members of the Board of Directors who are present in person or by proxy.
Dated and Adopted as of the 2nd day of February 1999 by the Board of Directors.
UNDERSTANDING OUR DEED RESTRICTIONS
Each resident received a Declaration of Covenants, Conditions, and Restrictions (CC & R’s) during the closing of your new home. The overall quality of Stone Valley can only be maintained by All residents cooperation in adhering to the deed restrictions of Stone Valley. The following restrictions need everyone’s attention. Let’s work together to keep the quality of life in our beautiful neighborhood at the highest standard. A.page number is given to refer to the entire deed restriction.
PAYMENT OF ASSESSMENT – “Each lot owner, by acceptance of a deed is deemed to agree to pay to the Association regular semi-annual assessments.” ($210 every six months). (Page 7) Please remember Stone Valley POA has the right to revoke privileges and use of all common areas until assessment payments are brought up to date.
TEMPORARY STRUCTURES – “No structure of a temporary character, such as a trailer, mobile home, manufactured home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, temporarily or permanently….” (Page 18)
MAINTENANCE OF LAWNS – “Grass, weeds and vegetation on each lot shall be kept mowed at regular intervals. Trees, shrubs, vines and plants that die shall be promptly removed from the property. Lawns must be properly maintained fences must be repaired and maintained, and no objectionable or unsightly usage of lots will be permitted which is visible to the public view.” (Page 19)
VEHICLES – “No trailer, tent, boat or recreational vehicle shall be kept, parked, stored, or maintained on any portion of the front yard in front of the building line of the permanent structure and shall be kept, parked, stored or maintained on other portions of a lot only within an enclosed structure or a screened area which prevents the view thereof froth adjacent lots or street.
No commercial vehicle bearing commercial insignia or names shall be parked except for the purpose as serving such lot.
NO VEHICLES OF ANY DESCRIPTION MAY BE PARKED OVERNIGHT ON ANY STREET WITHIN THE PROPERTIES. (Page 22) New residents are allowed a one week grace period after moving day.
NUISANCES — “No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become any annoyance or nuisance to the neighborhood. This includes builders and construction workers working before or after daylight hours. Violations of such restrictions after one written notice has been sent by the Declarant or Association to the lot owner/builder are subject to a fine of no less than $100 per notice. (Page 22)
PETS – All pets shall be kept in strict accordance with all local laws and ordinances (including lease laws)….It shall be the responsibility of the owners of household pets to prevent the animals from running loose or becoming a nuisance to the other residents. (Page 23)
GARBAGE – “No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and
other waste shall be kept in sanitary containers…No trash, ashes or other refuse may be thrown or dumped on any vacant lot, park or drainage area in Subdivision.” (Page 23)
HOME IMPROVEMENTS OR ALTERATIONS — In an effort to provide and protect each individual homeowner’s rights an values, it is required that any homeowners considering improvements and/or change of their deed property submit the “Request for Home Improvement Approval Form” to Architectural Control Committee. Types of improvements needing approval include, but are not limited to, patios and patio covers, gazebos, storage buildings, greenhouses, children’s playhouses, hot tubs, pools, satellite dishes, playground equipment, tile or concrete work, home additions, outdoor lighting: (Pages 2, 11-14.) The ACC will act on the request within 3-7 days.
ANTENNAS/CABLE EQUIPMENT/SATELLITE DISHES — “No radio or television aerial wires, antennae or other special television apparatus or equipment shall be maintained on any portion of any lot forward of the front building line of said lot. No Radio or television aerial wires or antennae shall be placed or maintained on any lot which extends more than ten (10′) feet above the highest part of the roof of the main residence on said lot; and no discs. dishes, or other cable-related apparatus or equipment may be situated on any lot without the prior written approval of the ACC, All satellite dishes must be screened from the view of adjacent lots or streets.” (Page 24)
BASKETBALL GOALS – “No basketball goal backboard or any other similar sporting equipment of either a permanent or temporary nature shall be placed in area forward of the front building setback line. In addition, any basketball goals and backboard shall be of the black and gray color combination or be constructed of a transparent material. The orange and white color combination is specifically disallowed.” (Page 25).
SIGNS – “As a general rule, no signs of any kind shall be displayed to the public view on any single-family residential lot except one professional sign of not more than one (1) square foot or one sign of not more than nine (9) square feet advertising the property for sale or rent.” (Page 18)
HOME BUSINESSES – “No owner shall occupy or use his lot or any improvements constructed thereon, or permit the same or any part thereof to be occupied or used for any purpose other than as a private residence for the owner, his family, guests and tenants. No business may be operated out of a residence, whether profit or non-profit.” (Page 2)