LAKEWOOD GROVE SUBDIVISION FOR ARCHITECTURAL … · IV. AUTHORITY OF ARCHITECTURAL CONTROL...

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RESOLUTION REGARDING AMENDMENT TO ARCHITECTURAL GUIDELINES FOR LAKE WOOD GROVE HOMEOWNERS ASSOCIATION, INC. A TEXAS NON-PROFIT CORPORATION WHEREAS, the By-Laws governing Lakewood Grove Homeowners Association, Inc., ("the Association"), as well as the Association's Articles of Incorporation, the Declaration of Covenants, Conditions and Restrictions for Lakewood Grove subdivision (the "Declaration") and all Amendments thereto, Chapter 204 of the Texas Property Code, and the Texas Non-Profit Corporation Act, authorize the Association, acting through its Board of Directors, to exercise all powers reasonable and necessary for the governance and operation of the Association; WHEREAS, the Texas Property Code further authorizes the Association to regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision; WHEREAS, the Texas Property Code provides that the Association may implement written architectural control guidelines for its own use or record the guidelines in the real property records of Harris County, Texas, and modify the guidelines as the needs of the subdivision change; WHEREAS, the Board of Directors has adopted Residential Architectural Guidelines governing the Lakewood Grove subdivision (hereinafter "the Guidelines"), which Guidelines may be amended at any time via recommendation from the Association's Architectural Review Committee with approval by the Board of Directors; WHEREAS, the Association's Board of Directors has determined that amendment of such Guidelines is necessary and desirable to preserve the uniformity and continuity of homes and other structures within the Lakewood Grove community, thereby enhancing and maintaining the aesthetic appearance of the subdivision, as well as the values of properties located within it, and in order to comply with recent changes in Texas Law; NOW, THEREFORE, BE IT RESOLVED that the attached Amendment to the Architectural Guidelines for Lakewood Grove Subdivision is hereby adopted on behalf of the Association. Adopted on this 36 day -D-CWar-2C---, ' 2011. Signature T n\ i Name Wes Oen± Position LAKEWOOD GROVE HOMEOWNERS ZOC T z1; (,) I;)NINC. i l ature GloYta Print Name ce Res (aelrit Position

Transcript of LAKEWOOD GROVE SUBDIVISION FOR ARCHITECTURAL … · IV. AUTHORITY OF ARCHITECTURAL CONTROL...

RESOLUTION REGARDING AMENDMENT TO ARCHITECTURAL GUIDELINES FOR

LAKE WOOD GROVE HOMEOWNERS ASSOCIATION, INC. A TEXAS NON-PROFIT CORPORATION

WHEREAS, the By-Laws governing Lakewood Grove Homeowners Association, Inc., ("the Association"), as well as the Association's Articles of Incorporation, the Declaration of Covenants, Conditions and Restrictions for Lakewood Grove subdivision (the "Declaration") and all Amendments thereto, Chapter 204 of the Texas Property Code, and the Texas Non-Profit Corporation Act, authorize the Association, acting through its Board of Directors, to exercise all powers reasonable and necessary for the governance and operation of the Association;

WHEREAS, the Texas Property Code further authorizes the Association to regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision;

WHEREAS, the Texas Property Code provides that the Association may implement written architectural control guidelines for its own use or record the guidelines in the real property records of Harris County, Texas, and modify the guidelines as the needs of the subdivision change;

WHEREAS, the Board of Directors has adopted Residential Architectural Guidelines governing the Lakewood Grove subdivision (hereinafter "the Guidelines"), which Guidelines may be amended at any time via recommendation from the Association's Architectural Review Committee with approval by the Board of Directors;

WHEREAS, the Association's Board of Directors has determined that amendment of such Guidelines is necessary and desirable to preserve the uniformity and continuity of homes and other structures within the Lakewood Grove community, thereby enhancing and maintaining the aesthetic appearance of the subdivision, as well as the values of properties located within it, and in order to comply with recent changes in Texas Law;

NOW, THEREFORE, BE IT RESOLVED that the attached Amendment to the Architectural Guidelines for Lakewood Grove Subdivision is hereby adopted on behalf of the Association.

Adopted on this 36 day -D-CWar-2C---,' 2011.

Signature

Tn\i Name

Wes Oen± Position

LAKEWOOD GROVE HOMEOWNERS ZOC Tz1;(,)I;)NINC.

i l ature

GloYta

Print Name

ce Res (aelrit Position

Signature

Signature

kASQ WOittS Print Name

Seudar flosu er f Position

Print Name

Position

Signature Signature

Print Name

Print Name

Position Position

ARCHITECTURAL GUIDELINES

FOR

LAKEWOOD GROVE SUBDIVISION

Adopted 2011

TABLE OF CONTENTS

I. PURPOSE OF THE ARCHITECTURAL CONTROL COMMITTEE II. SCOPE OF AUTHORITY III. FREQUENCY OF REVIEW IV. AUTHORITY OF ARCHITECTURAL CONTROL COMMITTEE V. AMENDMENT OF DESIGN GUIDELINES ii VI. INCONSISTENCY BETWEEN DESIGN GUIDELINES AND DECLARATION ii VII. LIMITATION OF LIABILITY ii Section 1. Residential Purposes Only. 1 Section 2. Reasonable Enjoyment. 1 Section 3. Animal Husbandry 1 Section 4. Trash and Rubbish Removal. 1 Section 5. Oil and Mining Operations. 1 Section 6. Prohibited Use. 1 Section 7. Septic Tanks. 2 Section 8. Declarant's Rights During Development Period 2 Section 9. Builder Rights 2 Section 10. Storage of Boats, Trailers and other Vehicles and Equipment. 2 Section 11. Clothes Lines. 2 Section 12. Construction Work. 2 Section 13. Television and Radio Antennas and Satellite Dishes. 3 Section 14. Electrical, Telephone and other Utility Lines 3 Section 15. House Numbers and Mail Boxes 3 Section 16. Signs, Advertisements, Billboards, Flags. 4 Section 17. Lot Maintenance. 5 Section 18. Removal of Dirt and Trees 6 Section 19. Roof Ventilators or Projections. 6 Section 20. Rain Gutters, Rain Barrels and Rainwater Harvesting Systems .6 Section 21. Window Coolers and Condensers 7 Section 22. Driveways 7 Section 23. Landscape. 7 Section 24. Outbuildings 7 Section 25. Lot Drainage. 8 Section 26. Building Requirements. 8 Section 27. Walls and Fences 8 Section 28. Roofs. 9 Section 29. Garages. 10 Section 30. Hunting and Firearms. 10 Section 31. Window Treatments. 10 Section 33. Tree Protection. 10 Section 33. Irrigation. 10 Section 34. Patio covers. 10 Section 35. Shutters, Siding 11 Section 36. Room Additions. 11 Section 37. Swimming Pools/Spas 12 Section 38. Decks. 12 Section 39. Outdoor Carpeting. 12 Section 40. Storm Doors. 12 Section 41. Window and Solar Screens. 12

PURPOSE OF THE ARCHITECTURAL CONTROL COMMITTEE

The Architectural Control Committee ("ACC") shall review submitted plans of proposed improvements and/or modifications to Property and issue its approval if it determines in its reasonable discretion that the improvement or modification to Property, in the location indicated, will not be detrimental to the appearance of the surrounding areas of the Properties as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Properties, including, without limitation, quality and color of materials and location with respect to topography and finished grade elevation; that the Improvement to Property will comply with the provisions of the Declaration and any applicable plat, ordinance, governmental rule, or regulation; that the Improvement to Property will not detract from the beauty, wholesomeness, and attractiveness of the Property or the enjoyment thereof by its Owners; and, that the upkeep and maintenance of the proposed Improvement to Property and the enforcement of the Declaration's provisions relating thereto, will not become a burden on the Association.

II. SCOPE OF AUTHORITY

The approval of a majority of members of the ACC or the approval of its duly authorized "Committee Representative" shall be required for any Improvement and/or exterior modification to Property on any of the Properties before commencement of construction of such Improvement to Property. The ACC shall be responsible to the Board for review and final determination of applications and ACC modification requests.. Unless any submitted item is denied within thirty (30) days of the ACC's receipt of same, such item is deemed to have been approved.

III. FREQUENCY OF REVIEW

The ACC will meet on a monthly basis or as often as deemed necessary to review design submittals and applications received. Special ACC meetings may be called by the Board or any member of the ACC.

IV. AUTHORITY OF ARCHITECTURAL CONTROL COMMITTEE

These Guidelines set forth the ACC's standards and procedures for reviewing all proposed improvements to Property in the Lakewood Grove Subdivision. The ACC shall at all times retain the right to object to and/or deny any Improvement to Property that violates any provision of the Declaration or these Guidelines. The ACC may condition its approval of any proposed Improvement to Property upon the making of such changes thereto as the ACC may deem appropriate. The ACC may require submission of additional plans, specifications, or other information before approving or disapproving any proposed Improvement to Property. The ACC may postpone review of any materials submitted for approval until the receipt by the ACC of all required materials and/or documentation in connection with the proposed Improvement to Property.

V. AMENDMENT OF DESIGN GUIDELINES

The ACC from time to time may supplement or amend these Guidelines, so long as such modification is approved by the Board of Directors.

VI. INCONSISTENCY BETWEEN ARCHITECTURAL GUIDELINES AND DECLARATION

In the event of an inconsistency between these Guidelines and the Declaration, the terms of the Declaration shall prevail. If, however, the Guidelines impose requirements that are more stringent than the provisions of the Declaration, the provisions of the Guidelines shall control. The granting of a variance shall not operate as a waiver of any terms and/or provisions of the Declaration or these Guidelines for any purpose except as to the particular provision covered by the variance and only for the particular lot described within such variance. Waiver of any provision within these Guidelines shall not be construed as a waiver of any other provision. Reasonable efforts will be made to apply these Guidelines fairly and equitably toward all Owners. Failure to enforce any of the Guidelines upon any Owner is not a waiver of the right to enforce the Guidelines upon any other Owner. Failure of the ACC, Association, or Board to enforce compliance or remedy a violation, will not be construed as an estoppel or waiver of rights.

VII. LIMITATION OF LIABILITY

Neither the members of the ACC, nor any ACC representative, the Association, any member of the Board of Directors, manager, managing agent, trustee, attorney, nor attorney-in-fact shall be liable for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the ACC.

RESTRICTIONS ON USE

Section 1. Residential Purposes Only.

Please refer to the restrictive covenants governing Lakewood Grove. Lots shall not be used for business or commercial purposes.

Section 2. Reasonable Enjoyment.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 3. Animal Husbandry.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 4. Trash and Rubbish Removal.

No trash, rubbish, garbage, materials, manure, personal property or debris of any kind shall be kept or allowed to remain on any Lot. The Owner of each Lot shall remove such prohibited matter from his Lot at regular intervals at his expense. Prior to such removal, all such prohibited matter shall be placed in sanitary refuse containers with tight fitting lids in an area adequately screened by planting or fencing so as not to be seen from neighboring Lots or public or private streets. Reasonable amounts of construction materials and equipment may be stored upon a Lot for reasonable periods of time during the construction of improvements thereon. Containers may be placed out on the curb the evening before trash pick-up days and must be retrieved by the evening of trash pick-up.

Section 5. Oil and Mining Operations.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 6. Prohibited Use.

Industrial, commercial and/or business use of the Property is prohibited. No use shall be permitted which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of excessive danger of fire, explosion and/or other ha7ards. No activity or use shall be permitted on or with respect to the Property which is determined by the Board to be obnoxious to or out of harmony with a distinctive residential community, including, but not limited to, any trailer houses and parks, junk or scrap metal yard, waste material business, any dumping, disposal, incineration or reduction of garbage or refuse, and any fire, bankruptcy or auction sale or operation. No excavations shall be made and no sand, grave or soil shall be removed from the Property except in connection with a grading and/or building plan approved as provided by the ACC. No burning of rubbish or trash shall be permitted at any time. No storage area shall be permitted between any building and the front Property line of such Property. No above ground or underground storage tanks of any nature shall be permitted.

No activity, whether for profit or not, which is not related to single-family residential purposes, shall be carried on upon any Lot. No noxious or offensive activity of any sort shall be permitted, nor shall anything be done, on any portion of the Property which may be or become an annoyance or nuisance to the neighborhood. Garage sales are permitted only once per Lot, per six (6) month period.

Section 7. Septic Tanks.

Please refer to the restrictive covenants governing Lakewood Grove

Section 8. Declarant's Rights During Development Period.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 9. Builder Rights.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 10. Storage of Boats, Trailers and other Vehicles and Equipment.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 11. Clothes Lines.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 12. Construction Work.

Except in an emergency or when other unusual circumstances exist, as determined by the Board of Directors of the Association, outside construction work or noisy interior construction work on construction of a Living Unit shall be permitted only after 6:00 a.m. and before 9:00 p.m.

Every home should maintain a color scheme compatible with that which was on the home originally, that being a maximum of three (3) colors. The garage color must be the same as the main house. A homeowner must submit an application for every painting or rebuilding project, even if the color and plans do not change from the original construction. All color changes must be pre-approved by the ACC. The brick color of the residence and the color(s) of neighboring houses are considered when reviewing applications for paint color. Paint samples must be included with all applications. Exterior paints and stains for each residence shall be selected to complement or harmonize with the colors of the other materials with which they are used. Front doors may be stained or a natural wood color and must be well maintained. Front doors shall not be painted. All color selections must be in accordance with the Board's pre-approved color palette.

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Section 13. Television and Radio Antennas and Satellite Dishes

Without the prior written authorization of the ACC, no television, radio antenna or satellite dishes of any sort shall be placed, allowed or maintained outside a Living Unit or on the exterior of any permitted building or other improvement located on a Lot within the Property.

Subject to the criteria set forth below, the following are antennas covered by the Federal Communication's Over the Air Reception Devices Rule and may be installed without the prior approval of the ACC: antennas designed to receive DBS service that are 39.4 inches (1 meter) or less in diameter; antennas designed to receive MDS that are 39.4 inches (1 meter) or less in diameter; antennas designed to receive telecommunications and fixed wireless signals that that are 39.4 inches (1 meter) or less in diameter. Any antenna not listed above shall not be allowed. All antennas shall be installed in areas which are the least visible from streets and adjacent properties.

Section 14. Electrical, Telephone and other Utility Lines.

All electrical, telephone and other utility lines and facilities which (i) are located on a Lot, (ii) are not within or part of any building, and (iii) are not owned by a governmental entity, a public utility company, or the Association, shall be installed in underground conduits or other underground facilities. Lighting fixtures may be installed above ground if approved in writing by the ACC.

Additional exterior lighting should be of a wattage or lumen count which will not affect neighboring homes. Exterior floodlights must be aimed so as not to shine onto any neighboring property. All lights must be attached either to the house or garage and may not be placed in the back yard on poles. Exterior lights must be clear or white light and shall not affect overall aesthetic appeal. No color bulbs or lenses are allowed. Freestanding gas or electric lamps are not allowed in the front of the residence. All lighting fixtures, including landscape lighting, are subject to ACC approval.

Section 15. House Numbers and Mail Boxes.

House numbers, mail boxes and similar matter used in the Property must be harmonious with the overall character and aesthetics of the community and be continually maintained in an attractive manner. Each lot will have a house number that is clearly visible from the front street and cannot be blocked or obstructed from view. There must be no broken or missing house numbers. Painting numbers on the house is not acceptable. Painting house numbers on the curb is acceptable. Acceptable designs are dark green or black numbers on a reflective white background. All other designs are prohibited. House numbers must be well maintained. The ACC and/or Board of Directors will determine what is considered well maintained. Damaged mailboxes must be replaced in a reasonable amount of time and with a mailbox as close to the original design as is possible. The decision of the ACC that any such matter is not harmonious shall be final.

Section 16. Signs, Advertisements, Billboards.

No sign, advertisement, billboard, or advertising structure of any kind shall be displayed to public view on any Lot except for one (1) sign on each Lot, which sign may not exceed six (6) square feet, for the purpose of advertising the Property for sale or rent. No sign shall be permitted that shall advertise that a Property has been or will be foreclosed. The ACC shall have the right to remove any sign. Except as provided to the contrary herein, in no event shall the use of flags or banners be permitted in the promotion or sale of any Lot or Living Unit in the Property. Stickers provided to an Owner by a commercial security or alarm company providing service to the house shall be permitted so long as the sticker is no more than 4" x 4". There shall be no more than four (4) total stickers located on the windows or doors of a residence. Stickers shall also be permitted upon windows and doors for the "Child Find" program or similar program sponsored by a local police and/or fire department. Nothing herein shall be interpreted as prohibiting an owner from displaying or affixing on the entry to the door or doorframe of owner's or resident's dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief, so long as such item does not: threaten public health or safety; violate a law; contain language, graphics, or any display that is patently offensive to a passerby; extend past the outer edge of the door frame of the dwelling; or, exceed a total size of greater than 25 square inches. No owner or resident shall use a material or color for an entry door or door frame of any dwelling or make an alteration to the entry door or door frame that is not authorized by the restrictive covenants governing the dwelling. The Association may remove an item displayed in violation of these provisions and/or in violation of any restrictive covenant applicable to the property.

Flags. The following flags are permitted to be displayed: the flag of the United States of America; the flag of the State of Texas; or an official or replica flag or any branch of the United States armed forces, holiday/seasonal decorative flags and school flags. No flag pole of any kind may be kept, placed or mounted to any fence. One flag mounted on a pole not to exceed five feet (5') in length may be inserted into a bracket mounted to the side of a house. Flags shall be of the size and style intended for common residential use. Freestanding flagpoles shall not exceed 20 feet in height, and only one such flagpole shall be located on any Lot. Freestanding flagpoles shall be located not more than 10 feet from the front building line of the home, and not less than 20 feet from side property lines. A flagpole attached to a dwelling or a freestanding flagpole shall be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; the display of a flag, and the location and construction of the supporting flagpole shall comply with all applicable zoning ordinances, easements, and setbacks of record; all flags and flagpoles shall be maintained in good condition and all deteriorated flags and structurally unsafe flagpoles shall be promptly repaired, replaced or removed by the owner; Any flag flown must be well maintained at all times. Lighting utilized to illuminate a flag shall be subject to the limitations mentioned within Section 14, above, in that such light(s) shall be of a wattage or lumen count which will not affect neighboring homes, shall be aimed so as not to shine onto any neighboring property, and shall be attached to the house or placed on the ground, as opposed to being placed on any pole. Such lights must be clear or white light

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and shall not affect overall aesthetic appeal. No color bulbs or lenses are allowed. All halyards, ropes, cables and other accessories shall be fastened and otherwise restricted in movement so as to eliminate noise caused by wind and movement.

Section 17. Lot Maintenance.

The Owner of each Lot shall maintain the same and adjacent street right-of-way, and the improvements, sod, trees, hedges, and plantings thereon, in a neat and attractive condition. Such maintenance shall include regular mowing, edging of turf areas, weeding of plant beds, fertilizing, weed control and watering of the turf and landscape areas on each Lot. Diseased or dead plants or trees must be removed and replaced within a reasonable time. The Association shall have the right, after ten (10) days notice to the Owner of any Lot, setting forth the action intended to be taken by the Association, provided at the end of such time such action has not already been taken by such owner (i) to mow or edge the grass thereon, (ii) to remove any debris therefrom, (iii) to trim or prune any tree, hedge, or planting that, in the opinion of the Association, by reason of its location or height, or in the manner in which it has been permitted to grow, is detrimental to the enjoyment of adjoining Property or is unattractive in appearance, (iv) to repair or stain/paint any fence thereon that is out of repair or not in harmony, with respect to color, with fencing on adjacent Property, and (v) to do any and all things necessary or desirable in the opinion of the Association to place such Property in a neat and attractive condition. The person who is the Owner of such Property at the time such work is performed by the Association shall be personally obligated to reimburse the Association for the cost of such work within ten (10) days after it is performed by the Association, and if such amount is not paid within said period of time, such owner shall be obligated thereafter to pay interest thereon at the maximum rate allowable by law and to pay attorney's fees and court costs incurred by the Association in collecting said obligation, and all of the same to the extent performed by the Association shall be secured by a lien on such Owner's Lot, subject to liens then existing thereon. Such lien shall be enforceable as any other Assessment lien as provided in The Declaration.

On front lawns and wherever visible from any street, there shall be no decorative appurtenances placed, such as sculptures, birdbaths, birdhouses, fountains or other decorative embellishments unless such specific item(s) have been approved in writing by the ACC. All such improvements require the Homeowner to submit a completed Application for Decorative Appurtenances and Embellishments which shall include the plans, sketches, drawings, illustrations, photographs, dimensions, and material samples to sufficiently describe the item in detail and where it will be located. All decorative appurtenances and embellishments such as birdbaths, fountains, trellises, benches, statuaries, or other decorative embellishments for use on front lawns of lots or on any portion of a lot visible from a street shall be placed to blend with the landscaping and not become a focal point. Natural colors and materials in harmony with the neighborhood shall be used. No more than one birdbath and fountain will be visible per lot. Pole mounted bird houses/feeders in back yards cannot exceed a height of eight (8) feet. All decorative appurtenances and embellishments shall be well maintained.

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Christmas or other festive holiday decorations of a temporary nature do not require approval. These decorations must be removed within four (4) weeks after the calendar date of the holiday. All holiday decorative appurtenances must be kept in good repair.

Section 18. Removal of Dirt and Trees.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 19. Roof Ventilators, Projections and Solar Energy Devices.

All roof ventilators (other than ridge ventilators) shall be located to the rear of the roof ridge line and/or gable of any structure and shall not extend above the highest point of such structure, so as not to be visible from any public street. The ACC may approve exceptions to this restriction when energy conservation and heating/cooling efficiency require ventilators that, because of a particular roof design, cannot be hidden from view as described above. Nothing herein shall be interpreted as prohibiting or restricting a property owner from installing a solar energy device, so long as such device is: located on the roof of the owner's home or of another structure allowed under a dedicatory instrument, and extends no higher than or beyond the roofline; located in a fenced yard or patio owned and maintained by the owner, and is no taller than the fence line; conforms to the slope of the roof and has a top edge that is parallel to the roofline; is equipped with a frame, support bracket, visible piping or wiring, all of which is either silver, bronze, or black tone color commonly available in the marketplace; or which is located in another area designated for placement of such items by the Association; is pre-approved by the architectural review committee; is installed in a manner so as not to void material warranties; does not substantially interfere with the use and enjoyment of land owned or occupied by persons other than the owner by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities — the written approval of the proposed placement of the device by all property owners or adjoining properties shall constitute prima facie evidence that such a condition does not exist.

Section 20. Rain Gutters, Rain Barrels and Rainwater Harvesting Systems.

All gutter trim and accent colors are to be in harmony with the primary color of the house. The color of the gutters must blend into the trim of the house. Rain gutters shall be properly maintained and sagging or falling gutters are not allowed. Down spouts must be firmly attached to the home. The ACC reserves the right and discretion to determine whether any gutter or related item is properly maintained.

Nothing herein shall be interpreted as prohibiting or restricting a property owner from installing a rain barrel or rainwater harvesting system on such owner's property: so long as there is a reasonably sufficient area on the owner's property for installation of such device; such device is of a color which is consistent with the color scheme of the owner's home; such device is properly installed and shielded from public view to the greatest reasonable extent possible; and, such device is installed behind the front building line of

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the owner's property, as such building lines are indicated upon the subdivision plat and/or as specified within the recorded restrictive covenants applicable to the subdivision.

Section 21. Window Coolers and Condensers.

No window or wall type air conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential building on any part of the Property. No air conditioners shall be located in front of a residence. All others must be screened from public view by fencing or vegetation so as not to be seen from neighboring Lots or public or private streets.

Section 22. Driveways.

The Owner of each Lot shall construct and maintain at his expense a driveway of not less than ten feet (10') in width (unless such minimum width has been increased by Supplemental Declaration) from his garage to an abutting street, including the portion in the street easement, and he shall repair at his expense any damage to the Street occasioned by connecting his driveway thereto. An application must be submitted for any driveway removal, addition or modification, which application shall include detailed plans. All driveways or entry walks shall be of concrete, masonry or other hard surface material approved by the Committee. Asphalt driveways shall not be permitted.

Section 23. Landscaping

The Owner of each Lot, as a minimum, shall sod the front of his Lot with grass, and shall at all times maintain such grass in a neat, clean and attractive condition, periodically re-sodding damaged areas of the lawn as they occur. Each front yard shall have a minimum of two (2) trees of at least a 2" trunk caliber along with ornamental shrubs that are a minimum of five (5) gallon size. No more than ten percent (10%) in area of the front yard area of any Lot, excluding driveways and sidewalks, may be covered by rock or any other material other than vegetation.

Section 24. Outbuildings.

No tree house or children's playhouse shall be permitted on any Lot in the Property without prior written approval of the ACC. Outbuildings or other structures, temporary or permanent, other than the main residence or garage shall be limited to eight feet (8') in height and shall be subject to approval by the ACC. Any type of permitted outbuilding must be in keeping with the overall character and aesthetics of the Living Unit located on the Lot, provided that metal storage sheds may be permitted in styles and locations approved in the discretion of the ACC. The ACC shall be entitled to review and approve or disapprove, without limitation, all outbuildings, play structures (including basketball backboards and hoops), storage structures and similar items. All such outbuildings shall be required to be constructed with material and design that is determined by the ACC to be architecturally and aesthetically compatible with the design of the Living Unit thereon and other structures on the Property. The structure must not be placed in any way which might invade a neighbor's privacy and is required to be screened from street view by either the home or natural foliage. All playground and recreational equipment pertaining

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to a Lot must be placed at the rear of such Lot. Portable basketball goals, when in use, must be kept on the driveway and not in the street or on sidewalks. Nothing may be placed on the basketball goal to weigh it down. Goals must be removed after each use and not be left out in the front of the home at night. The basketball goal, backboard, net, and pole must be maintained in usable condition and kept in acceptable appearance. No basketball goal shall be installed closer to the front or side Lot lines facing on any adjacent street than the applicable building set-back line along such street. Goals shall be installed in a manner that the backboard must be perpendicular to the street. Basketball goals not properly maintained will be required to be removed or repaired. Only one basketball goal per Lot will be permitted. Garage-mounted basketball goals are not allowed. No outbuilding or play structure will be permitted (a) to be placed on an easement; or (b) be located nearer to a Lot boundary than the applicable building set-back established by Plat or Supplemental Declaration. The ACC shall determine, at its discretion, what constitutes a violation of this restriction.

A playhouse/fort/free standing play ground must not have a roof higher than the maximum height of eight (8) feet and will be placed in the rear of the lot facing away from the stmet. If there is a platform on the playground equipment, it may not extend higher than six (6) feet from the ground. There must be a distance of at least five (5) feet from any property line and the structure shall not on be located on any easement. Distance from the fence line, property line or easement will be determined and reviewed on a case-by-case basis by the ACC. The structure must not be set in any way so as to invade a neighbor's privacy and such structures shall be screened from street view by either the home or natural foliage. The structure must be kept esthetically pleasing, blend with the surroundings, and remain well maintained in appearance. Roofing materials for such structures must be approved by the ACC, and must be maintained and replaced when becoming tattered, worn or deteriorated.

Section 25. Lot Drainage.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 26. Building Requirements.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 27. Walls and Fences.

No walls or fences shall be erected or maintained nearer to the front Lot line than the front building line neither on such Lot, nor on corner Lots nearer to the side Lot line than the building setback line parallel to the side street, except in special circumstances necessitated by the geography and platting of a particular area. No fence or walls shall be more than six feet (6') in height, unless approved, in writing, by the ACC, in its sole judgment and discretion. Approval of the ACC shall be obtained prior to the erection of any wall or fence on any Lot.

All walls and fencing shall be made of wood, ornamental metal or masonry except as set forth herein, or as otherwise permitted in the discretion of the ACC, as the case may be.

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Fences along collector or arterial streets shall be masonry or a combination of masonry and ornamental iron. These fences shall have pilasters a minimum of thirty inches (30") square at a spacing of no more than twenty-five feet (25') on centers. The use of chain link fencing is prohibited on all Lots, except for tennis courts and other special applications, and then only with prior written permission from the ACC.

Lakewood Grove has adopted "Good Neighbor Fences" (which professionals refer to as "alternating panel" fence) allowing neighbors to proportionately share the cost of replacing all or portions of a fence. The approved design in Lakewood Grove features alternating eight-foot sections, wherein only specific sections (the "good side") of the fence is owned by the Lot owner facing the "good side." No front yard fencing is allowed. No attachments to the exterior or top of fence are allowed without ACC approval. Proper maintenance of the fence is the responsibility of the property owner. Alterations or modifications to the fence must have prior written approval from the ACC. The fence must be located on the common property line. Encroachment of any kind is not allowed.

Any painting, colored staining or varnishing of a fence, must be approved in writing by the ACC. Clear coat protectors do not require approval. Any changes to fence design and construction must be approved by the Board and cannot exceed the height limitations.

Specific Lots in the Property are subject to the requirement that uniform fencing be constructed and maintained as specified by the ACC along the building set-back lines of such Lots adjacent to the roads and/or landscape reserves which abut such Lots.

Section 28. Roofs.

The roof of each Living Unit shall be covered with asphalt or composition type shingles equal to or better than a weight of 230 pounds per 100 square feet of roof area. Clay, tile, ceramic, cement or metal roofs are prohibited. Replacement roofing material shall be the same as or as close as possible to the original roof color. Roof shingles must be weathered wood (or manufacturers equal), dark/charcoal gay tones, or black. Brown, light gray, blue, green, red and white colors are not allowed. Any other type roofing material may be permitted only at the sole discretion of the ACC, upon written request and approval. All roof stacks and flashings must be painted to match the approved roof color. No flat roofs shall be permitted. Nothing herein shall be interpreted as prohibiting or restricting the installation of shingles that are (1) designed primarily to: (A) be wind and hail resistant; (B) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (C) provide solar generation capabilities; and (2) when installed: (a) resemble the shingles used or otherwise authorized for use on property in the subdivision; (b) are more durable than and are of equal or superior quality to the shingles described in (a) hereinabove; and (c) match the aesthetics of the property surrounding the owner's property.

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Section 29. Garages.

A garage able to accommodate a minimum of two (2) and a maximum of three (3) automobiles must be constructed and maintained for each residence. Automatic garage door openers shall be required for all garages. Interior walls of all attached garages must be finished (i.e., taped, bedded and painted as a minimum). No garage shall be permitted to be used or enclosed for living purposes, but must be maintained for storage of automobiles and other vehicles and related purposes. The garage must be the same color as the main house. The color of the garage doors must be in harmony with the primary color of the house and must be selected in accordance with the Board's pre-approved color palette. Accent colors may be approved on a case-by-case basis. Vibrant accent colors are prohibited. Garage doors must be well maintained, in good working order and repair, and shall not have broken, rotting, sagging or dented parts, missing window panes, etc. The ACC and/or Board of Directors will determine whether any particular item is considered "well maintained".

Section 30. Hunting and Firearms.

No hunting shall take place within the Subdivision. No weapons (including B-B guns, air rifles or archery equipment) may be discharged within the Subdivision at any time.

Section 31. Window Treatments.

No aluminum foil, reflective film, paper, newspaper or similar treatment shall be placed on windows or glass doors at any time. No sheets on windows or temporary blinds will be allowed after ninety (90) days of move-in. Shades, shutters, curtains, blinds and all other window coverings visible from the street or a neighboring property must be of a neutral color.

Section 32. Tree Protection.

Please refer to the restrictive covenants governing Lakewood Grove.

Section 33. Irrigation.

In ground irrigation systems should be installed in accordance with applicable laws. Irrigation controllers and vacuum breakers shall be adequately screened from public view.

Section 34. Patio covers.

Patio covers should be constructed of materials which compliment the main structure. If attached to the house, it must be integrated into the existing roof line (flush with the eaves) and if it is to be shingled, the shingles must match the roof. Plastic, corrugated plastic, metal or wood shingles on roofs are not allowed. The entire patio cover and posts should be trimmed to match the house. Supports must be brick, painted wood, metal columns, treated wood or natural rot-resistant and insect-resistant woods (such as cedar and redwood). No pipe is allowed.

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Patio construction materials are as follows:

(a) painted wood (to match trim of the house).

(b) treated wood or natural rot-resistant and insect-resistant woods (such as cedar and redwood) may be used and staining or painting of such products is not required. All other woods must be painted or stained to match the trim of the house. All patio cover materials (i.e. wood, lattice) must be completely framed in so that no raw edges of material are visible.

(c) Canvas roofmg material is not allowed.

Patio covers may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Patio covers must be situated on the Lot to provide drainage solely onto the owner's Lot. Approval by the ACC is required prior to the beginning of construction.

Section 35. Shutters, Siding.

Shutters must compliment the color of the trim of the house. Siding must match the existing style on the house and in the neighborhood. No vinyl or aluminum materials are allowed, unless pre-approved by the ACC.

Section 36. Room Additions.

Total coverage of a lot shall not exceed 65% of the total lot for 1-story houses and 55% for 2 story houses. Pools, spas and decks are not considered structures for the purpose of calculating lot coverage.

Exterior materials and colors should match the house as closely as possible. Detailed plans must be submitted to the ACC, and approval of same is required prior to commencement of construction. Room additions may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment.

On an individual basis, the size and shape will depend on architectural style and layout of the house, size of the Lot and how well the room addition integrates with the existing house. Roof of addition must integrate with the existing roof line so as to appear to have been part of the original house.

Building permits as required by the municipalities (city, county, etc.) must be submitted with the application. In some instances, the ACC will grant approval with the provision that a copy of the permit is received by the ACC within thirty (30) days of the approval letter and PRIOR TO beginning of construction. Balconies and all other exterior additions require approval prior to commencement of construction.

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Section 37. Swimming Pools/Spas.

No pool or spa of any type may encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Decking encroachments also require a consent agreement. Consents must be received by the ACC prior to approval. The pool must meet all building line and easement restrictions on the recorded plat.

All private swimming pools and spas shall be completely enclosed by a fence enclosure pursuant to local regulations.

Pools are to be drained to the street and into the storm drain system. They are not to be connected to, or drain into, the community's sewage drain system. All new pools shall be inspected for proper water connections and drains.

Above ground pools (with the exception of small wading pools) are not allowed.

Section 38. Decks.

No platform deck of any kind is allowed in the front yard. Decks may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Decks should not be situated on a Lot if they pose a problem to the effective draining of the Lot or a neighboring Lot. Decks cannot be higher than eighteen (18) inches off the ground. If wood is used, treated wood or natural rot-resistant and insect-resistant woods (such as cedar and redwood) may be used. Staining or painting is not required. All other woods must be painted or stained to match the trim of the house.

Section 39. Outdoor Carpeting.

Outdoor carpeting may only be installed on the back porch area — installation on walkways and other areas shall not be permitted. Colors must match or compliment the house trim color. Visibility from the street will be considered on a case-by-case basis.

Section 40. Storm Doors.

The frame of the storm door must be of a color compatible with the exterior house colors and/or general use and appearance of the house. All storm doors must be a full glass door. No screen doors are permitted.

Section 41. Window and Solar Screens.

If any one window on any side of the home visible to public view is equipped with a solar screen, all windows on that side of the home must be equipped with matching solar screens. All window screens and solar screens must be kept in good repair. Colors, textures and general appearances of screens must be acceptable to the ACC for all screens and panels.

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