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Section 1.11 - Common Areas

“Common Areas” shall mean all the real estate (including retention ponds, storm drainage improvements, entrance signs, streets (including any dedicated streets prior to their acceptance for public maintenance) and all landscaping and other improvements thereon) owned by the Association for the common use and enjoyment of the Owners. Common areas shall include, but not be limited to, those parcels designated on the Subdivision plat as “Open Space” or “Permanent Open Space”, and those parcels designated as “Septic Easements” which are not 15 feet wide. All undeveloped Open Space/Permanent Open Space will be retained in a vegetative or natural state.

5.5.1 - Regular Assessment

The monthly Regular Assessment provided for herein shall commence as to each Owner of a Lot on the first day following the initial conveyance of the Lot to the Owner from the Declarant and shall be adjusted according to the number of days remaining in the month. The Board of Directors shall fix the amount of the monthly Regular Assessment to be paid by each Class A Member against each Lot at the beginning of each calendar year. Written notice of the monthly Regular Assessment shall be sent to every Class A Member subject thereto. The Board of Directors shall establish the due dates. A Lot which has a dwelling constructed thereupon which has been issued a certificate of occupancy by the local governmental authority shall be charged the full Regular Assessment rate. A Lot which does not have a dwelling for which a certificate of occupancy has been issued shall only pay the Regular Assessment at ½ of the full assessment rate.

Section 4.6 – Maintenance Obligations of the Association

The Association, at its expense, shall maintain, operate, and keep in good repair, unless such obligations are assumed by any municipal or governmental agency having jurisdiction thereof, the Common Areas and all improvements location thereon for the common benefit of the Subdivision. This shall include, without limitation, the maintenance, repair, replacement and painting of the following landscaping & improvements (to the extent that such improvements or landscaping are located upon or constitute Common Areas):

(a) all private roadways, driveways, pavement, sidewalks, walkways, and uncovered parking spaces

(b) all lawns, trees, grass and landscape areas, shrubs and fences, except as otherwise set forth herein below; and

(c) all conduits, ducts, utility pipes, plumbing, wiring, and other facilities which are part of or located in, or for the furnishing of utility services to, the Common Areas and which are not for the exclusive use of a single Dwelling Unit

Section 4.7 – Maintenance Obligation of the Lot Owners

The responsibilities of each Lot Owner shall include:

4.7.1 – To clean, maintain, keep in good order, repair and replace at his or her expense all portions of his or her Lot and Dwelling Unit. Any repair, replacement and maintenance work to be done by an Owner must comply with any Rules and Regulations of the Association including architectural control and visual harmony…..

4.7.3 – Not to paint or otherwise alter, decorate or change the appearance of any exterior portion of his Dwelling Unit, without written consent of the Association…..

4.75. – Each Lot Owner shall be deemed to agree by acceptance of delivery of a deed to a Lot, to repair and/or replace at his or her expense all portions of the Common Areas which may be damaged or destroyed by reason of his or her own intention or negligent act or omission, or by the intentional or negligent act or omission of any invitee, tenant, licensee family member, including but not limited to any repairs necessary which result from damage incurred by pets or vehicles owned by the Lot Owner, or owned by any guest, invitee, Tenant or licensee of such Lot Owner…..

Section 5.2 – Special Assessment

In addition to levying Regular Assessments, and to the extent that the reserve fund is insufficient, the Board of Directors may levy Special Assessments to construct, repair, structurally alter, or replace improvements which are a part of the Common Areas. Until the expiration of the Development Period, or the date on which Declarant no longer owns a Lot, whichever is earlier, Declarant shall be one of the consenting Members, or the capital improvement shall not be made. The Board of Directors shall calculate each Lot’s proportionate share of the Special Assessment for the capital improvements, and shall give the Lot Owner(s) written notice of the proportionate share and of the date(s) that the Special Assessment is due and payable.

Section 5.3 - Working Capital Assessment

At the time a Certificate of Occupancy is issued upon a Lot, the Lot Owner shall pay the Association the sum of $250 as his or her initial contribution to the working capital of the Association. This sum is not an advance payment of the monthly Regular Assessment, rather the sum is allocated to a working capital fund to meet unforseen expenditures and operating expenses or to purchase any additional equipment or services.

5.5.2 Fine Assessment

The Board of Directors, or an adjudicatory panel established by the Board of Directors, may levy a reasonable Fine Assessment, as a fine or penalty for violation of this Declaration, all in accordance with the Planned Community Act. A lien may be filed for this Fine Assessment and this Fine Assessment may be enforced by foreclosure and otherwise treated as a Regular Assessment.

5.5.3 Both Regular and Special Assessments for a Lot Owner shall be determined by the Association based upon the proportion that each Lot bears to the aggregate number of Lots located on the Property, taking into account the fact that Lots which do not have a dwelling for which a certificate of occupancy has been issued only pay ½ of the Regular Assessment rate that a Lot which has a dwelling thereupon for which a certificate of occupancy has been issued. All Lots shall pay the full amount of a Special Assessment.

Section 5.7 – Common Surplus

If the Regular Assessment collected in any given year is in excess of the actual Common Expenses for that year, the Board may, at its sole discretion (a) return each Owner’s share of the Common Surplus; (b) credit each Owner’s share of the Common Surplus to each Owner’s payment as for the Regular Assessment for the following year; or (c) apply the Common Surplus to the reserve.

Section 5.9 – Books and Records of the Association

The Association shall keep full and correct books of account. The Association shall make available to all Lot Owners and the holders of all first mortgages on Lots, current copies of the books, records and financial statements of the Association upon reasonable request during normal business hours. All funds collected by the Association shall be held and expended solely for the purposed designated by this Declaration and shall be deemed to be held for the use, benefit and account of the Association and all of the Lot Owners. All books and records must be kept in accordance with good accounting procedures and shall be reviewed by an independent accounting firm if the majority of Class A members or the majority of the Board of Directors votes affirmatively to take such action.

Section 9.1 – Architectural Control Committee

No residence, building, fence, electric pet fence, sidewalk, drive, mailbox, or other structure or improvement or anything attached thereto visible from the outside of the structure or improvement (including, without limitation, storm doors, windows, or window coverings) shall be erected, placed, altered, or maintained within the Subdivision nor shall any exterior addition to or change (including any change in color) or alteration therein be made until the proposed building plans, specifications, exterior color and finish, plot plans (showing the proposed location of such building or structure, drives and parking areas), and construction schedule shall have been submitted to and approved in writing by the Board of Directors of the Association, or by any architectural control committee appointed by said Board of Directors. Refusal of approval of plans, location or specification by said Board of Directors or architectural control committee may be based upon any reasonable ground, including, without limitation, lack of harmony of external design, color, location or relation to surrounding structures and topography and purely aesthetic considerations which, in the discretion of said Board of Directors or architectural control committee shall deem sufficient. After approval by the Board of Directors or architectural control committee is given, no alterations may be made in such plans except by and with their prior written consent. One copy of all plans, specification and related data shall be furnished the Board of Directors or architectural control committee for its records.

Section 10.3 – Obstruction of Common Areas

There shall be no storage or parking of any items, including baby carriages, playpens, bicycles, wagons, toys, vehicles, benches or chairs in any part of the Common Areas, except as permitted by the Rules and Regulations.

Section 10.4 – Parking

Except for vehicles being used by persons providing services to the Declarant, the Association, the Lot Owners or otherwise used or authorized to be used at the Subdivision by the Declarant, no part of the Subdivision may be used for the parking of any trailer coach, house trailer, mobile home, automobile trailer, camp car, recreational vehicle, camper, truck which exceeds ¾ ton, boat, boat trailer, open/closed-sided utility trailer, or any vehicle with letters or other markings over four inches tall or wide, or any other similar vehicle (collectively, “Special Vehicle”), unless such Special Vehicles are parked in the garage of the Lot Owner who owns such Special Vehicle and the garage door of such Lot Owner is completely closed at all times when a Special Vehicle is parked therein. Except, however, that an automobile trailer, boat, boat trailer, camper, or open/closed-sided utility trailer may be parked upon a Lot Owner’s property if the parking location has been preapproved by the Board. At its discretion, the Board may require adequate screening of the trailer, boat, boat trailer, camper or open/closed-sided utility trailer from the street and adjacent properties.

Operative vehicles, other than Special Vehicles, used by a resident of a Lot as a primary source of transportation may be parked in the driveway of such Lot Owner or in any garage space owned by the Owner of such Lot. However, the residents of any one Lot may not collectively park more than four (4) operative vehicles other than Special Vehicles in the Subdivision. Inoperative vehicles may not be parked within the Subdivision unless these inoperative vehicles are parked in the garage and the garage door is completely closed. No auto maintenance and/or repairs may be performed in the Subdivision except if performed inside the garage of a Lot Owner. Vehicles and trailers, whether owned by a Lot Owner or not, parked in violation of any part of this Declaration or in violation of any Rules or Regulations, shall be towed away and stored at the Owner’s risk and expense. By parking in the Subdivision, the Owner of the vehicle or other vehicle user hereby waives any claim against the Association resulting directly or indirectly out of the towing, unless the towing can be shown beyond a reasonable doubt to have been done maliciously by the Association. Note that the Association is not obliged to try to determine the owner of a vehicle or trailer and first give notice, before towing the vehicle. If a Lot Owner is not sure about the right to park at any particular area or space, the Lot owner should request, in writing, a written opinion from the Board. If the Board gives the approval sought by the Lot Owner or if the Board does not answer the written request by the Board, the Lot Owner may park in the space until further written notice to the contrary from the Board. Note that the Association’s right to tow a vehicle includes the right to immobilize it.

Section 10.7 – Animals and Pets

No animals of any kind shall be raised, bred or kept on any Lot or in any Dwelling Unit….. A lot owner shall be responsible for cleaning up after his household pet…… the Association shall have the right to…levy fines and enforcement charges against persons who do not clean up after their pets.

Section 10.12 – Alteration of Common Areas

Nothing shall be altered or constructed in or removed from the Common Areas except as otherwise provided in this Declaration and except upon the written consent of the Association.

Section 10.14 – Trash Disposal

Each Lot Owner shall deposit all trash, garbage, or other rubbish as directed and instructed by the Board. Lot Owners shall keep trash containers at all times in each Lot Owner’s garage (if applicable), or in such other location which shall be inconspicuous and not viewable from the street or from adjacent Lot Owners, except on the days which trash, garbage, or other rubbish is collected by the local waste removal authorities. Any trash containers placed outside by t he Lot Owners in the location designated for collection by the local waste removal authorities shall only remain in such location for a period not to exceed twenty-four (24) hours. The Board shall have the right to dispose of any trash, garbage, or other rubbish of a Lot Owner in violation of this Section 10.14, and may assess the Lot Owner for the cost of such removal, which amount shall be payable on the date the next installment of the regular assessment is due.