Loading...
HomeMy WebLinkAboutA004 - Declaration of Covenants and Restrictions dated January 5, 1994 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION is made on this day of January, 1994, by Buck Construction Company, Inc. (Developer). RECITALS The Developer is the owner of the real property described in Article II of this Declaration; it desires to create a residential community with open spaces and other com- mon facilities on it. The Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of the open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II to- gether with such additions as may be made (as provided in Article II) to the covenants, restrictions, easements, charges and liens set forth in this document. The Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges; and it has incorporated under the laws of the State of Iowa, as a non-profit corporation, ARBOR ON THE GREEN HOMEOWNERS ASSOCIATION INC., for the purpose of exercising those functions. THEREFORE, the Developer declares that the real property described in Article II, and any additions as may be made pursuant to Article II is and shall be held, trans- ferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") set forth below. ARTICLE I DEFINITIONS Section 1. The following words when used in this Declaration or any Sup- plemental Declaration (unless the context shall prohibit) shall have the following mean- ings: (a) "Association" shall mean and refer to Arbor on the Green Homeowners As- sociation Inc. (b) "The Properties" shall mean and refer to all existing properties and addi- tions as are subject to this Declaration or any Supplemental Declaration under the provi- sions of Article II. (c) "Common Properties shall mean and refer to those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted to the com- mon use and enjoyment of the owners of The Properties. In the subdivision known as Arbor on the Green the common properties are Outlots A, B and C. Declaration of Covenants and Restrictions Page 2 (d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties, with the exception of Common Properties as defined, and "Lot" shall in addition mean any portion of a building.situated upon that plot of land. (e) "Owner shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated in The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until the mortgagee has acquired title. (f) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1. ARTICLE H PROPERTY SUBJECT TO THIS DECLARATION Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Ames, Story County, Iowa, and is more particularly,described as follows: Lots 1 through 20 inclusive and Outlots A, B and C, all of which are in Arbor on the Green, be referred to in this document as "Existing Property." Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: (a) Additions. Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation,.the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to that property. Those Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Sup- plementary Declaration revoke, modify or add to the covenants established by this Dec- laration within the Existing Property. (b) Mergers. Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obliga- tions may, by operation of law, be transferred to another surviving or consolidated asso- ciation or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Asso- Declaration of Covenants and Restrictions Page 3 ciation as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as provided in this document. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assess- ment by the Association shall be a member of the Association, provided that any person or entity who holds an interest merely as a security for the performance of an obligation shall not be a member. Section 2. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A members shall be all of those owners as deemed in Sec- tion 1 with the exception of the Developer. Class A members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Section 1. . When more than one person holds such in- terest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. Class B members shall be the Developer. The Class B member shall be entitled to three votes for each Lot in which it holds the interest required for membership by Section, provided, however, that the Class B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on December 31, 1996. From and. after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be a Class A member entitled to one vote for each Lot in which it holds the interests required for membership under Section 1. Declaration of Covenants and Restrictions Page 4 ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. Subject to the provisions of Sec- tion 3, every member shall have a right and easement of enjoyment in and to the Com- mon Properties and that easement shall be appurtenant to and shall pass with the title to every Lot. Section 2. Title to Common Properties. The Developer may retain the legal title to the Common Properties until it has completed the improvements on them and until such time as, in the opinion of the Developer, the Association is able to maintain the same but,. notwithstanding any provision herein, the Developer hereby covenants, for it- self, its heirs and assigns,that it shall convey the Common Properties to the Association, free and clear of all liens and encumbrances, not later than December 31, 1994. Section 3. Extent of Members' Easements. The rights and easements of enjoy- ment created shall be subject to the following: (a) The right of the Developer and the Association, in accordance with its Arti- cles and Bylaws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage.said properties. In the event of a default upon any such mortgage, the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoy- ment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association and all rights of the members shall be ful- ly restored; and (b) The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; and (c) The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty days for any infraction of its published rules and regulations if any exist; and (d) The right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and (e) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility for such purposes and sub- ject to such conditions as may be agreed to by the members, provided that no such deduction or transfer, determination as to the purposes or as to the conditions, shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action is sent to every member at least ninety days in advance of any action taken. Declaration of Covenants and Restrictions Page 5 ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer for each Lot owned by it within The Properties covenants and each Owner of any Lot by acceptance of a deed, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as provided be- low. The annual and special assessments, together with such interest and costs of collec- tion as provided below shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each assessment, together with in- terest thereon and cost of collection as provided, shall also be the personal obligation of the person who was-the Owner of.such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of The Properties and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance on the Common Properties and the maintenance, repair and replacement, as provided in Article VIII, _Section 1, of all of The Properties, and for the costs of labor, equipment, materials, management and supervision. The Association shall have the right to include in the assessments an amount for expected long-range expenses, examples of which are roof replacement and exterior . painting. A reserve account or accounts may be established as the Association in its dis- cretion deems desirable for any or all of those items. Section 3. Basis and Maximum of Annual Assessments. Until the year begin- ning 1995, the annual assessment shall be $75.00 per developed lot and $10.00 per un- developed lot. From and after January 1, 1995, the annual assessment may be increased by vote of the members, as provided below, for the next succeeding two years and at the end of each such period of two years for each succeeding period of two years. How- ever, the assessment for the undeveloped lots shall always be such that it is no more than 16% of the assessment for the developed lots. For the purposes of this section only, an "undeveloped lot" is a lot without a building situated on it and a "developed lot" is a lot with a building on it, except that once a lot has a building placed on it, it shall be a "de- veloped lot" even if the building is removed. The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount. Declaration of Covenants and Restrictions Page 6 Section 4. Special Assessments for Capital Improvements. In addition to the an- nual assessments authorized by Section 3, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the costs of any construction or reconstruction, repair or replacement of a described capital improvement upon The Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty days in advance and shall set forth the purpose of the meeting. Section 5. Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3, and for the periods specified, the Association may change the maximum and basis of the assessments fixed by Section 3 prospectively for any peri- od provided that any change shall have the assent of two-thirds of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this pur- pose, written notice of which shall be sent to all members at least thirty days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 shall not apply to any change in the maximum and basis of the assessments un- dertaken as an incident to a merger or consolidation in which the Association is author- ized to participate under its Articles of Incorporation and under Article II, Section 2. Section 6. Quorum for as Action Authorized Under Sections"4 and 5. The quorum required for any action authorized by Sections 4 and 5 shall be as follows: At the first meeting called, as provided in Sections 4 and 5, the presence at the . meeting of members, or of proxies, entitled to cast sixty percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcom- ing at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such sub- sequent meeting shall be held more than sixty days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments shall be on a calendar-year basis and commence on the date which' shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement. The first annual assessment shall be made for the balance of the calendar year. The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the f annual assessment provided for in Section 3 as the remaining number of months in that year bear to twelve. The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is added to the properties now sub- ject to assessment at a time other than the beginning of an assessment period. The annual installments shall be paid over the period of assessment in equal monthly installments. The monthly installments shall be due on the first day of each month and past due on the loth of each month. Declaration of Covenants and Restrictions Page 7 The due date of any special assessment under Section 4 shall be fixed_in the resolution authorizing the assessment. Section 8. Duties of the Board of Directors. The Board of Directors of the As- sociation shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least thirty days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable, which list shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every Owner subject to it. .The Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association setting forth whether the assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment stated in it to have been paid. Section 9. No Property Rights in Monies Held by Association. No person who has paid assessments to the Association retains any title or interest in the money or in any account reserves established with them. No person is by virtue of selling his/her lot entitled to any refund of monies paid. The only interest of any owner in the monies is to expect it to be used for the purposes stated in this Article. Section 10. Effect of Non-Payment of Assessments: The Personal Obligation of the Owner,• The Lien: Remedies of Association. If the assessments are not paid on the date when they become past due (the dates specified in Section 7), then the assessment shall become delinquent and shall, together with interest thereon and cost of collection as provided, become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay the assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title un- less expressly assumed by them. If the assessment is not paid within thirty days after the delinquency date, it shall be subject to a late payment penalty of $5.00, and, if the assessment is not paid within sixty days after the delinquency date, it shall be subject to a second late payment penalty of $5.00, and the assessment shall bear interest from the date of delinquency at the rate of 9 percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or an action to foreclose the lien against the property or both of said actions, and there shall be added to the amount of such assess- ment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court together with the costs of the action. Section 11. Subordination of the Lien to Mortgages. The lien for the assess- ments shall be subordinate to the lien of any mortgage or mortgages now on or later placed upon the properties subject to assessment. However, such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other.proceeding in Declaration of Covenants and Restrictions Page 8 lieu of foreclosure. A sale or transfer shall not relieve such property from liability from any assessments thereafter becoming due, nor from the lien of any subsequent assess- ment. Section 12. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created: (a) all properties to the extent of any easement or other interest dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in Article I, Section 1; (c) all properties exempted from taxation by the laws of the State of Iowa, upon the terms and to the extent of the legal exemption. Notwithstanding any provisions of these covenants, no land or improvements devoted to dwelling use shall be exempt from the assessments, charges or liens. ARTICLE VI PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of the homes upon The Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding parry walls and of liability for property damage due to negligent or willful acts or omissions shall apply to them. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, the Owners who used the wall just prior to its destruc- tion shall restore it, unless both exercise their rights under Article IX, Section 1(c), sub- ject, however, to the right of either of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Arti- cle, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Declaration of Covenants and Restrictions Page 9 Section 6. No Encroachments. In the event that any portion of any structure, originally constructed by the Developer, including any party wall, shall be on or protrude over an adjoining Lot, such structure or party wall shall not be deemed to be an encroachment upon the adjoining Lot. Owners shall neither maintain any action for the .removal of a party wall or projection nor any action for damages. In the event there is a protrusion as described in the immediately preceding sentence, it shall be deemed that said Owners have granted perpetual easements to the adjoining Owner or Owners for continuing maintenance and use of the projection or party wall. The foregoing shall also apply to any replacements of any structures or parry walls if they are constructed in con- formance with the original structure or party wall constructed by the Developer. Section 7. Arbitration. In the event.-of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. ARTICLE VII ARCHITECTURAL CONTROL COMMITTEE Section 1. Review by Committee. No building, fence wall or other structure shall be commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alteration be made until plans and specifications showing the na- ture,.kind, shape, height, materials and location of the same shall have been submitted to and approved as to harmony of external design and location in relation to surrounding structures and topography. Said approval or disapproval shall be in writing and made by the Board of Directors of the Association or by an architectural committee composed of three or more representatives appointed by,the Board. In the event the board, or its designated committee, fail to approve or disapprove the design and location within thirty days after the plans and specifications have been submitted to it or, in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the comple- tion thereof, approval will not be required and this Article will be deemed to have been fully complied with. This Article shall not apply to the Developer during any phase of original construction upon any of The Properties. ARTICLE VIII EXTERIOR MAINTENANCE Section 1. .Exterior Maintenance. In addition to maintenance upon the Common Properties, the Association shall, for each Lot (including the unsurfaced portion of the public roadway adjacent to the Lot) which is subject to assessment under Article V, pro- vide exterior maintenance. Declaration of Covenants and Restrictions Page 10 The items for which the Association is responsible under this Article are as.fol- lows: (a) the maintenance, repair and replacement of roofs. (b) the maintenance, repair and replacement of exterior building surfaces in- cluding the painting, but except the washing of windows. The exposed por- tions of any party wall shall be considered as "exterior building surfaces" within the meaning of this section. (c) the maintenance, repair and replacement of gutters and downspouts. (d) the maintenance, repair and replacement of grass, shrubs and trees. (e) the maintenance, repair and replacement of drives and walkways except that private drives and walkways, if any exist, shall not be repaired or replaced by the Association. The responsibility for any private drives and walkways shall be upon the Owner. Section 2. Assessment of Cost. The cost of such exterior maintenance shall be a part of the annual maintenance assessment or charge to which the Lot is subject under Article V and, as part of the annual assessment or charge, it shall be a lien and obliga- tion of the Owner and shall become due and payable in all respects as provided in Article V. Section 3. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance required by this Article, the Association, through its duly au- thorized agents or employees shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any day except Sunday. Section 4. Maintenance Caused by Negligence. In the event that the need for maintenance or repair is caused by the willful or negligent act of the Owner or the Owner's family, guests or invitees, the cost of such maintenance or repair shall be borne by the said Owner, and if not promptly paid by the Owner, the costs may be paid by the Association and/or the amount shall be added to and become a part of the assessment to which such Lot is subject. Said amount shall be added in full to the Owner's next monthly installment, and it shall become past due and delinquent as provided in Article V. Section 5. Maintenance Caused by Casualty. In the event that the need for maintenance or repair is brought about primarily by casualty, which casualty is one cov- ered by a standard extended coverage endorsement (for personal residences), the cost of maintenance or repair thereof shall be borne by the Owner, and if not promptly,paid by the Owner, the costs may be paid by the Association and/or the amount shall be added to and become a part of the assessment to which such Lot is subject. Said amount shall be added in full to the Owner's next monthly installment, and it shall become past due and delinquent as provided in Article V. If a casualty occurs which causes damage to one or more of the Lots to a maintenance item covered by this Article and the damage is such Declaration of Covenants and Restrictions Page 11 that it is not promptly repaired, any insurance proceeds received by the Owner as a result of the damage shall be paid to the Association; the said proceeds shall become the prop- erty of the Association and be used by it for the exterior maintenance of the Lots. ARTICLE IX REBUILD Section 1. Options. In the event that a casualty occurs and wholly or partially destroys a residence or residences located on a Lot or Lots, the Owner or Owners of them shall have the option of: (a) repairing the damaged structure, or (b) rebuilding a structure comparable in size, quality, design and exterior finish to the one destroyed, or (c) removing the debris and restoring the Lot to a natural state, landscaping it in accord with the general pattern of landscaping of the open areas located upon The Properties subject, however, to Article VI. The Owner shall exercise the option within a reasonable time after the occurrence and shall inform the Board of Directors of his/her decision immediately thereafter. ARTICLE X INSURANCE The Association shall insure the Common Properties against casualty loss and for public liability in such amounts as the Board of Directors shall in its discretion determine to be reasonable and prudent. The Developer for each Lot owned by it within The Properties covenants and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to purchase and maintain insurance coverage on the improvement located on said Lot in- suring against loss (total or partial) from fire, lightning, wind, hail, explosion, vandalism, mischief and other hazards insured against.in a standard extended coverage endorsement. The amount so insured against shall be at least the full replacement costs of the improvements located on the Lot. The Owner shall each year on the anniversary date of the policy provide the As- sociation with proof of such insurance coverage and payment of the premium. In the event that an Owner fails to secure or maintain such insurance, the Association may do so for him/her. In that event the premiums therefor shall be added to that installment of the Owner's annual assessment (Article V) which comes due the month following the Declaration of Covenants and Restrictions Page 12 purchase thereof and the combined amount shall be past due on the loth of said month if not paid prior to then. In lieu of such insurance coverage an Owner may provide a surety bond or other such self insurance in such amounts and under such terms as the Board of Directors and the Owner may agree, however, the agreement shall provide as much or more protection as that provided by the insurance policy. ARTICLE XI RESTRICTIONS ON THE USE OF THE LAND Section 1. Residential Use. Lots 1 through 20 of Arbor on the Green shall be known, described and used solely as single-family residential Lots. For the purposes of this document, a "single-family dwelling" shall be defined as it is defined in the or- dinances of the City of Ames, Iowa. No more than one single-family dwelling shall be constructed on any one Lot. No other building shall be erected on a Lot except for a residence garage. No Lot shall be subdivided except to enlarge an adjacent Lot or Lots. Section 2. Animals Prohibited. No animals, livestock, poultry or horses of any kind shall be raised, bred, kept or used on any Lots or Common Area except that dogs, cats or other household pets may be kept on a Lot, provided they are not kept, bred or maintained for any commercial purpose. In no event shall such animals be kept on any Lot if they unreasonably disturb the Owner or residents of any other Lot. All animals shall be confined on the Owner's Lot and, for the mutual benefit of all the Owners, no animal shall be allowed or permitted on the Common Area, except when on a leash or when in direct and constant control of its Owner or a member of his family. In any event, no more than a total of two animals shall be'allowed in any household. Section 3. Advertising Prohibited. No advertising signs (except one of not more than two square feet "For Rent" or "For Sale" sign per Lot), billboards, election signs, unsightly objects or nuisances shall be erected, placed or permitted to remain on any Lot, nor shall any Lot be used in any way for any purpose which may endanger the health or unreasonably disturb the Owner of any Lot or any resident of it. No business activities of any kind whatsoever shall be conducted on any Lot or on any portion of any Lot, pro- vided, further, however, that the foregoing covenants shall not apply to the business ac- tivities, signs and billboards or the construction and maintenance of structure, if any, of the Developer during the construction and sale period, and of the Association in further- ance of its powers and purposes. Notwithstanding the preceding sentence, "home oc- cupations" for which a permit has been issued by the Board of Directors can be carried on. "Home occupations" are defined as a business occupation, or profession carried on within a Lot by a resident or residents, and shall have the following characteristics: Declaration of Covenants and Restrictions Page 13 (a) There shall be no external evidence of the occupation with the exception of one unlighted nameplate of not more than one (1) square foot in area attached flat against the dwelling. Advertising signs or displays through a window are not permitted. (b) There shall be no emission of smoke, dust, odor, fumes, glare, noise, vi- bration, electrical or electronic disturbance detectable at the lot line. (c) The activity shall employ in the home only members of the immediate fam- ily of the residents of the dwelling. (d) There shall be no continual visits by the general public and there shall not be any activity so as to cause parking and/or traffic problems reasonably annoying to any other owner or resident of any Lot. (e) There shall be no mechanical equipment used except as is customary for domestic household purposes. (f) The above listed characteristics shall not be construed to restrict annual rummage sales of not more than a two day duration. Permit Required. Home occupations may be permitted by the Board of Direc- tors. A permit for it must first be obtained by application to the Board. The Board may grant such permit if it reasonably concludes from the.evidence that the home occupation proposed will meet the standards set out in the second paragraph of this section. The Board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deemed necessary to protect'the legitimate use and enjoyment of neighboring properties. Any failure to obtain such permit when required, or to comply with the standards and conditions aforesaid, when issued, shall constitute a violation of this section and these restrictions and covenants. Section 4. Screening Required. Equipment, trash cans, garbage cans, service yards, wood piles and storage piles shall be kept screened by adequate planting or fenc- ing (as herein provided) so as to conceal them from view of neighboring Owners of Lots. All rubbish, trash or garbage shall be regularly removed from each Lot and shall not be allowed to accumulate on them. No open burning shall be permitted on any Lot. Section 5. Antennas Prohibited. No exterior television or antennas of any sort shall be placed, allowed or maintained on any portion of the Lot. Section 6. Automotive Repair Prohibited. No automotive repair, rebuilding or any other form of automotive manufacture, whether for hire or otherwise, shall occur on The Properties or a building located thereon or the adjacent public roadway. Section 7. Prohibited Use of Common Areas. No snowmobiles, motor carts, motorbikes, motorcycles, minibikes or any other motorized recreational vehicle shall be allowed in the Common Areas. Declaration of Covenants and Restrictions Page 14 Section 8. Seasonal Vehicles. All campers, snowmobiles, boats, mowers, recreational equipment and all self-propelled vehicles other than operable automobiles, if kept on The Properties, shall be kept out of view from adjoining residences and the pub- lic roadway. Section 9. Plantings and Gardening. In order to maintain the overall appearance of The'Properties for the benefit of all Lot Owners, no trees, shrubs, plantings or other landscaping shall be added to or removed from any Lot or the Common Properties until plans and.specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved as to harmony of external design and location in relation to surrounding structures and topography. Said approval or dis- approval shall be in writing and made by the Board of Directors of the Association, or by an architectural committee composed of three or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or dis- approve such design and location within thirty days after said plans and specifications have been submitted to it or, in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be re- quired and this Article will be deemed to have been fully complied with. No vegetable gardening shall be carried on in The Properties unless approval for it has been obtained as detailed in this section. Nothing herein or in this declaration shall restrict the right of the Association to establish a flower garden or gardens in the Com- mon Properties and/or a vegetable garden or gardens on them. ARTICLE XII PRECIPITATION AND WATER EASEMENT Section 1. Easements. The Developer intends to develop The Properties in such a fashion that it will be necessary that precipitation and subsurface waters from whatever source and nature be channeled and/or directed over, above and/or below The Properties and no Owner shall maintain any action for the cessation thereof or any action for damages unless same is based on negligence. In the event that said waters are channeled over, above or below any of the Lots, it shall be deemed that the Owners thereof have granted perpetual easements to the Association and to the Owners of other Lots for the perpetual use, maintenance, repair and replacement of them. ARTICLE XIII SEWER AND WATER EASEMENTS Developer grants to the Association the perpetual right to construct, reconstruct, operate and maintain sanitary sewer and water lines over the following described portion of The Properties: Outlot B. The Association shall so operate,. maintain and, if neces- sary, reconstruct a sanitary sewer and water lines located upon the portion of the Lots above described, which sewer and water lines will provide for sanitary sewer and fresh Declaration of Covenants and Restrictions Page 15 water connections to the buildings constructed on the Lots. The Association shall as- sume responsibility for all damage to the above described property caused by its use of the easements. ARTICLE XIV DRIVEWAY EASEMENT Section 1. The Lots will partially share a driveway with one of its adjoining Lots. The sharing will be as follows: a. Lot 1 with Lot 2 b. Lot 3 with Lot 4 c. Lot 5 with Lot 6 d. Lot 7 with Lot 8 e. Lot 9 with Lot 10 f. Lot 11 with Lot 12 g. Lot 13 with Lot 14 h. Lot 15 with Lot 16 i. Lot 17 with Lot 18 j. Lot 19 with Lot 20 For the purposes of establishing, maintaining, re-establishing and using a joint driveway, the owners of each Lot grant a perpetual easement to the owners of the Lot, their successors and assigns, with which they share a driveway. The costs of constructing, maintaining, repairing and reconstructing of the drive shall be borne equally by the owners of the Lots sharing the drive, except to the extent that one party improperly caused the need for repair, maintenance or reconstruction. If that occurs, then that party shall be responsible for total payment of the repair, maintenance or reconstruction. The driveways shall be hard surface and shall be identical in material and con- figuration to that of the drives of each of the other building,Lots in the Properties. Each party to the easement agrees that they and their consensual users will use the driveway with due regard to the rights of the other, and in such a way as not to impair those rights, and shall not temporarily or permanently obstruct the other's passage on or over the easement. If the Association has, assumes, or is assigned the obligation_to maintain, repair or reconstruct the joint driveway now or at any time in the future, then each owner grants and shall be deemed to have granted the Association, its successors and assigns, a perpetual easement over and on the joint driveway for completion of those purposes. Declaration of Covenants and Restrictions Page 16 In the event that any action is filed in relation to these easements, the unsuccess- ful parry in the action shall pay to the successful party, in addition to all the sums that ei- ther parry may be called on to pay, a reasonable sum for the successful party's attorney's fees. ARTICLE XV GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by The Asso- ciation, or the Owner of any land subject to this Declaration, their respective legal repre- sentatives, heirs, successors and assigns, for a term of 21 years from the date this Decla- ration is recorded. These covenants and restrictions and any amendments as are pro- vided for in Section 2 shall be extended annually by the Board of Directors of the Asso- ciation, the extension to be accomplished by the filing of a verified claim in the office of the Recorder of Story County, Iowa, in Nevada, Iowa. The verified claim to be by the Board on behalf of the Association and all of the Owners of the Lots and is to be in ac- cord with and pursuant to the provisions therefor of Section 614.24 and 614.25, Code of Iowa (1993) or their successor sections. Section 2. Amendment. This "Declaration of Covenants and Restrictions," any extension of it and any amendments to it may be amended by changes or deletions in whole or in part, and it may be amended by addition to it. Amendment is to be ac- complished by the following action: The filing in the office of the Story County Re- corder of an agreement to any such amendment signed by the then Owners of two-thirds of the Lots. Provided, however, that no amendment shall be effective unless written notice of the proposed agreement is sent to every Owner at least ninety days in advance of any action taken. The amendment shall become effective one year after the recording of the amendment unless the agreement is signed by 90 percent of the Owners of the Lots, in which event the amendment will become effective upon the filing. Section 3. Notices. Any notice required to be sent to any member or Owner un- der the provisions of this Declaration shall be deemed to have been properly sent when mailed, post-paid, to the last known address of the person who appears as member or Owner on the records of the Association at the time of the mailing. Section 4. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating„or at- tempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants. Any fail- ure by the Association or any Owner to enforce any covenant or restriction herein con- tained shall in no event be deemed a waiver of the right to do so thereafter. In any pro- ceeding to enforce these covenants and restrictions.or to recover damages for their viola- tion, the Court may award reasonable attorney fees, costs and expenses, incident thereto, to the prevailing party. •q Declaration of Covenants and Restrictions Page 17 Section 5. Severability. Invalidation of any one of these covenants or restric- tions by judgment or court order shall in no wise affect any other.provisions which shall remain in full force and effect. Dated this 3 day of January, 1994. BUCK CONSTRUCTION COMPANY, INC. By BERT 0. BUCK, President By (�2wL. ANNE K. BUCK, Secretary STATE OF IOWA, COUNTY OF STORY, SS: On this day of January; 1994, before me the undersigned, a Notary Pub- lic in and for said state, personally appeared Robert 0. Buck and Anne K. Buck, to me personally_known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Robert 0. Buck and Anne K. Buck as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public, State of Iowa