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DECLARATIONS OF COVENANTS
CONDITIONS AND RESTRICTIONS
LAKE SHORE BUILDERS, INC.
realizes that the quality, strength and flexibility of the restrictions and
covenants of the subdivision is extremely important to its residents.For this reason, we have gone to great
lengths to develop a Declaration of Covenants, Conditions and Restrictions that
will protect the property owners now and well into the future.
PURPOSE:
This document is intended only as a review of the highlights of the
Declaration of Covenants, Conditions and Restrictions filed of
record for Highland Ranch. We hope this review will help you
to understand the general contents of the Declaration and to be aware
of some of the important points. Each owner is responsible for
conforming to the Deed Restrictions as filed and should take the
time to review them in full.
PREAMBLE
Establishes that Lake Shore Builders, Inc. desires to protect the values
and character of the property within Highland Ranch for the benefit
of all future owners. Defines that a Highland Ranch Property Owners
Association will be established to enforce the restrictions and carry
out all of the business necessary to maintain the subdivision according
to the character and quality originally established.
ARTICLE I
DEFINITIONS Primarily defines the legal terms used in the
Declaration.
ARTICLE II
RESERVATIONS, EXCEPTIONS AND DEDICATIONS
Describes the actual property affected and how additional property may
be added to the subdivision. Also limits the use of any lots for oil,
gas, or mineral exploration except for the rights of the mineral lease
holder upon its designated drill sites.
ARTICLE III
USE RESTRICTIONS:
Defines the specific restrictions on the usage of the lots within the
subdivision. Some of the major restrictions are:
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1. |
RESIDENTIAL ONLY |
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2. |
NO COMMERCIAL |
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3. |
TEMPORARY STRUCTURES No mobile homes, shacks, tents, etc. shall be
maintained or used as a residence either temporarily or permanently.
Allows developer to utilize temporary sales or construction offices
during the period of construction and sale. |
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4. |
MINIMUM LOT AREA Minimum lot size shall be one (1) acre. |
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5. |
EXTERIOR APPEARANCES must be kept and presentable. |
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6. |
WATER SERVICE All residential dwellings in this Subdivision shall
be equipped with and served by a fresh water system. Non-potable
wells are allowed with certain restrictions.
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7. |
SANITARY SEWERS Each Lot owner will install their own septic system
in accordance with all governmental regulations.
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8. |
JUNKED MOTOR VEHICLES, ETC., PROHIBITED Abandoned or junked motor
vehicles (without current, valid state vehicle inspection sticker
and license plate) are prohibited. No junk of any kind, dilapidated
structure, shall be kept on any lot.
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9. |
LIVESTOCK AND ANIMALS Livestock is prohibited except that (2)
horses per lot may be kept. Some animals being raised for FFA or
4-H programs are permitted (See Section 3.14).
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Some of the major requirements for lot improvements are:
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1. |
RESIDENCES 2000 sq. ft. minimum and must be completed within one
(1) year of setting the forms. Homes must be constructed of new
materials. Exteriors shall be of fifty percent (50%) masonry or
its equivalent.
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2. |
MINIMUM SET BACK LINES In most cases the
building line is sixty (60) feet from the roads
as shown on the plat. Interior set back lines
are twenty-five (25) feet along the side and
rear of each Lot. There shall be a vegetation
preserve of fifty (50) feet along McCaleb Road.
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3. |
DRIVEWAYS shall be constructed of concrete and shall be completed
within six (6) months of completion of the main dwelling.
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4. |
WALLS AND FENCES Must be approved prior to construction by the
Architectural Control Committee.
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5. |
DRAINAGE Each owner is responsible for maintaining the ditches and
drainage ways on his Lot. All culverts shall have headers and must
be constructed of brick, stone, or concrete with the prior written
consent of the Architectural Control Committee.
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ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Establishes that NO IMPROVEMENT shall be made to any Lot until the
plans for such improvement is reviewed by the Architectural Control
Committee.
Section 4.01 Each application shall be accompanied by two sets of plans
and specifications for all proposed construction.
Section 4.02 The authority to grant or withhold architectural control
approval is initially invested in the Developer. The authority of the
Developer shall terminate upon the election of the Architectural Control
Committee.
Section 4.06 Allows for variances which may
be approved on a case-by-case basis by the Architectural
Control Committee.
ARTICLE V
HIGHLAND RANCH PROPERTY OWNERS ASSOCIATION
All property owners are members of the Property Owners Association.
Describes voting procedures, corporate structure; and the business duties
and powers of the Association. Defines that the Property Owners
Association shall be non-profit and be governed by the Articles of
Incorporation and Bylaws of the Association. Its explicit purpose is
to protect the general character of the development; maintain and manage
the common areas and recreation facilities; and collect and administer
the maintenance fund.
ARTICLE VI
MAINTENANCE FUND Each property owner
covenants to pay the Assessments which are established
by the Property Owners Association. The assessments
shall, in general, be used to maintain, improve
and operate the subdivision and its common areas
and recreation facilities. The procedures for the
collection of any assessments are defined. The Association
is given the right to file liens and to foreclose
on any property for which assessments are delinquent.
ARTICLE VII
DEVELOPERS RIGHTS AND RESERVATIONS
The Developer reserves the right to construct additional improvements
within the Common Area, use the Common Area for signs or temporary
buildings, convey additional real property, and annex Common Areas
or additional residential property. The Developer shall retain these
rights with respect to the Association and the Lakes, and other Common
Areas until the Control Transfer Date (see Section 4.02) or written
notice to the Association of termination by the Developer.
ARTICLE VIII
DUTIES AND POWERS OF THE PROPERTY OWNERS ASSOCIATION
The Property Owners Association has the duties and
powers that may be necessary or desirable to further
the common interest of the members, to maintain,
improve and enhance the Common Areas and to improve
and enhance the attractiveness, desirability and
safety of the Subdivision. The Association shall
accept title to any Common Areas and other real
property transferred to the Association by the Developer.
Section 8.06 Shall levy, collect and enforce the Maintenance Charge.
Section 8.09 May construct improvements on the Property and
may demolish existing improvements.
Section 8.11 Has the power to enforce the provisions of the
Declaration.
Section 8.12 Has the power to grant easements and to covey
property to governmental agencies.
ARTICLE IX
GENERAL PROVISIONS
Section 9.01 Provisions shall be binding upon all property owners
for forty (40) years from the date this Declaration is recorded. It
shall be extended for ten (10) year increments unless voted to be
amended, changed or canceled by two-thirds (2/3) of the then Owners.
Section 9.03 Developer reserves the right to amend the Declaration
prior to the Control Transfer Date.
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