Covenants and RestrictionsCovenants and Restrictions
21. Covenants and Restrictions.
The following covenants and restrictions on the use and enjoyment of the Lots, Dwelling Units and Common Area shall be in addition to any other covenants or restrictions contained herein and in the Recorded Plats, and all such covenants and restrictions are for the mutual benefit and protection of the present and future Owners and shall run with the land and inure to the benefit of and be enforceable by any Owner, or by the Corporation. Present or future Owners or the Corporation shall be entitled to injunctive relief against any violation or attempted violation of any such covenants and restrictions, and shall, in addition, be entitled to damages for any injuries or losses resulting from any violations thereof, but there shall be no right of reversion or forfeiture resulting from such violation. These covenants and restrictions are as follows:
(a) All Lots and Dwelling Units shall be used exclusively for residential purposes and for occupancy by a single family. No Lot shall be subdivided to form lots of less area.
(b) Nothing shall be done or kept in any Dwelling Unit, or on any Lot, or on the Common Area which will cause an increase in the rate of insurance on any Common Area. No Owner shall permit anything to be done or kept in his Dwelling Unit or on his Lot or on any of the Common Area which will result in a cancellation of insurance on any Dwelling Unit or any part of the Common Area, or which would be in violation of any law or ordinance or the requirements of any insurance underwriting or rating bureau.
(c) No nuisance or other unlawful activity shall be permitted on any Lot.
(d) No Owner shall cause or permit anything to be hung or displayed on the outside of the windows of his Dwelling Unit or placed on the outside walls of any building, and no sign, awning, canopy, shutter or other attachment or thing shall be affixed to or placed upon the exterior walls or roofs or any other parts of any Dwelling Unit without the prior consent of the Architectural Review Board.
(e) No animals, livestock or poultry of any kind shall be raised, bred or kept in any Dwelling Unit or on any Lot or any of the Common Area, except that pet dogs, cats or customary household pets may be kept in a Dwelling Unit, provided that such pet is not kept, bred or maintained for any commercial purpose, and does not create a nuisance.
(f) All rubbish, trash or garbage shall be stored in closed sanitary containers, shall be regularly removed from the premises, and shall not be allowed to accumulate.
(g) No industry, trade, or other commercial or religious activity, educational or otherwise, designed for profit, altruism or otherwise, shall be conducted, practiced or permitted on the Real Estate.
(h) No structure of a temporary character, trailer, boat, camper, bus or tent shall be maintained on any Lot, nor shall any garage or other building, except a permanent residence, be used on any Lot at any time as a residence or sleeping quarters either temporarily or permanently.
(i) All Owners and members of their families, their guests, or invitees, and all occupants of any Dwelling Unit or other persons entitled to use the same and to use and enjoy the Common Area or any part thereof (except the lake as provided herein), shall observe and be governed by such rules and regulations as may from time to time be promulgated and issued by the Board governing the operation, use and enjoyment of the Common Area. Only those Owners whose Lots border the lake are allowed to use and enjoy the lake subject to such rules and regulations as may be from time to time promulgated and issued by the Board governing the operation, use and enjoyment of the lake provided further that no Owner, members of their families, guests or invitees or occupants of any Dwelling Unit or other persons entitled to use the same may swim, boat, ice skate or engage in similar activities on the lake.
(j) No boat docks, decks, rafts or similar structures or improvements shall be permitted on or near the lake.
(k) No boats, campers, trailers of any kind, busses, mobile homes, recreational vehicles, trucks (larger than 3/4 ton), motorcycles, minibikes or mopeds shall be permitted, parked or stored anywhere within the Real Estate, unless stored completely enclosed within a garage. No repair work shall be done on the Real Estate on any vehicles, including passenger automobiles unless completely enclosed within a garage.
(l) No Owner shall be allowed to plant trees, landscape or do any gardening in any of the Common Area, except with express permission from the Board.
(m) The Common Area shall be used and enjoyed only for the purposes for which it is designed and intended, and shall be used subject to the rules and regulations from time to time adopted by the Board.
(n) No Owner may rent or lease his Dwelling Unit for transient or hotel purposes.
(o) Any Owner who leases a Dwelling Unit shall lease the entire Dwelling Unit and shall have a written lease which shall provide that the lease is subject to the provisions of the Declaration and any failure of the lessee to comply with the terms of the Declaration, shall be a default under the lease.
(p) There are designated on the Recorded Plats building lines. Except as required for utilities to serve the Real Estate or a Lot, no building or structure will be permitted within this no-build area.
(q) Each Owner by acceptance of a deed to a Lot shall be deemed to have waived such Owner's right to remonstrate against annexation of all or any portion of the Real Estate.
(r) No detached structure shall be maintained on any Lot, except with the express permission from the Architectural Review Board.
(s) Each Owner shall maintain the Lot and any landscaping thereon in an attractive manner.
(t) Any fences to be constructed on a Lot must be constructed in accordance with the provisions of Paragraph 16(c) hereof and must be approved by the Architectural Review Board in accordance with Paragraph 6.
(u) No antenna, satellite dishes or other device for the transmission or reception of radio, television or satellite signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors and above ground whether attached to a Dwelling Unit or otherwise on any lot without the written approval of the Architectural Review Board, which approval shall not be unreasonably withheld. Provided, however, that any such device may be installed and maintained on any Lot without the necessity of such written approval if (a) is not visible from neighboring Lots, streets or Common Area; (b) the Owner prior to installation has receiving the written consent of the Owners of all Lots who would have views of the device from their Lots or (c) the device is virtually indistinguishable from structures, devices or improvements such as heat pumps, air conditioning units, barbeque grills, patio furniture and garden equipment which are allowed in Crystal Pointe and/or by this Declaration or (d) it is a satellite dish two (2) feet or less in diameter.
Notwithstanding anything to the contrary contained herein or in the Articles or Bylaws, including, but not limited to, any covenants and restrictions set forth herein or otherwise, Centex and 86th Street shall have the right to use and maintain any Lots and Dwelling Units owned by Centex or 86th Street (as applicable) and other portions of the Real Estate owned by Centex or 86th street (as applicable) all of such number and size and at such locations as Centex or 86th Street in its sole discretion may determine, as Centex or 86th Street may deem advisable or necessary in its sole discretion to aid in the construction of Dwelling Units and the sale of Lots and Dwelling Units or for the conducting of any business or activity attendant thereto, including, but not limited to, model Dwelling Units, storage areas, construction yards, signs, construction offices, sales offices, management offices and business offices. Centex or 86th Street shall have the right to relocate any or all of the same from time to time as it desires. At no time shall any of such facilities so used or maintained by Centex or 86th Street be or become part of the common Area, unless so designated by Centex or 86th Street (as applicable) and Centex or 86th Street (as applicable) shall have the right to remove the same from the Real Estate at any time.
<<< Previous Page Next Page >>>
The following covenants and restrictions on the use and enjoyment of the Lots, Dwelling Units and Common Area shall be in addition to any other covenants or restrictions contained herein and in the Recorded Plats, and all such covenants and restrictions are for the mutual benefit and protection of the present and future Owners and shall run with the land and inure to the benefit of and be enforceable by any Owner, or by the Corporation. Present or future Owners or the Corporation shall be entitled to injunctive relief against any violation or attempted violation of any such covenants and restrictions, and shall, in addition, be entitled to damages for any injuries or losses resulting from any violations thereof, but there shall be no right of reversion or forfeiture resulting from such violation. These covenants and restrictions are as follows:
(a) All Lots and Dwelling Units shall be used exclusively for residential purposes and for occupancy by a single family. No Lot shall be subdivided to form lots of less area.
(b) Nothing shall be done or kept in any Dwelling Unit, or on any Lot, or on the Common Area which will cause an increase in the rate of insurance on any Common Area. No Owner shall permit anything to be done or kept in his Dwelling Unit or on his Lot or on any of the Common Area which will result in a cancellation of insurance on any Dwelling Unit or any part of the Common Area, or which would be in violation of any law or ordinance or the requirements of any insurance underwriting or rating bureau.
(c) No nuisance or other unlawful activity shall be permitted on any Lot.
(d) No Owner shall cause or permit anything to be hung or displayed on the outside of the windows of his Dwelling Unit or placed on the outside walls of any building, and no sign, awning, canopy, shutter or other attachment or thing shall be affixed to or placed upon the exterior walls or roofs or any other parts of any Dwelling Unit without the prior consent of the Architectural Review Board.
(e) No animals, livestock or poultry of any kind shall be raised, bred or kept in any Dwelling Unit or on any Lot or any of the Common Area, except that pet dogs, cats or customary household pets may be kept in a Dwelling Unit, provided that such pet is not kept, bred or maintained for any commercial purpose, and does not create a nuisance.
(f) All rubbish, trash or garbage shall be stored in closed sanitary containers, shall be regularly removed from the premises, and shall not be allowed to accumulate.
(g) No industry, trade, or other commercial or religious activity, educational or otherwise, designed for profit, altruism or otherwise, shall be conducted, practiced or permitted on the Real Estate.
(h) No structure of a temporary character, trailer, boat, camper, bus or tent shall be maintained on any Lot, nor shall any garage or other building, except a permanent residence, be used on any Lot at any time as a residence or sleeping quarters either temporarily or permanently.
(i) All Owners and members of their families, their guests, or invitees, and all occupants of any Dwelling Unit or other persons entitled to use the same and to use and enjoy the Common Area or any part thereof (except the lake as provided herein), shall observe and be governed by such rules and regulations as may from time to time be promulgated and issued by the Board governing the operation, use and enjoyment of the Common Area. Only those Owners whose Lots border the lake are allowed to use and enjoy the lake subject to such rules and regulations as may be from time to time promulgated and issued by the Board governing the operation, use and enjoyment of the lake provided further that no Owner, members of their families, guests or invitees or occupants of any Dwelling Unit or other persons entitled to use the same may swim, boat, ice skate or engage in similar activities on the lake.
(j) No boat docks, decks, rafts or similar structures or improvements shall be permitted on or near the lake.
(k) No boats, campers, trailers of any kind, busses, mobile homes, recreational vehicles, trucks (larger than 3/4 ton), motorcycles, minibikes or mopeds shall be permitted, parked or stored anywhere within the Real Estate, unless stored completely enclosed within a garage. No repair work shall be done on the Real Estate on any vehicles, including passenger automobiles unless completely enclosed within a garage.
(l) No Owner shall be allowed to plant trees, landscape or do any gardening in any of the Common Area, except with express permission from the Board.
(m) The Common Area shall be used and enjoyed only for the purposes for which it is designed and intended, and shall be used subject to the rules and regulations from time to time adopted by the Board.
(n) No Owner may rent or lease his Dwelling Unit for transient or hotel purposes.
(o) Any Owner who leases a Dwelling Unit shall lease the entire Dwelling Unit and shall have a written lease which shall provide that the lease is subject to the provisions of the Declaration and any failure of the lessee to comply with the terms of the Declaration, shall be a default under the lease.
(p) There are designated on the Recorded Plats building lines. Except as required for utilities to serve the Real Estate or a Lot, no building or structure will be permitted within this no-build area.
(q) Each Owner by acceptance of a deed to a Lot shall be deemed to have waived such Owner's right to remonstrate against annexation of all or any portion of the Real Estate.
(r) No detached structure shall be maintained on any Lot, except with the express permission from the Architectural Review Board.
(s) Each Owner shall maintain the Lot and any landscaping thereon in an attractive manner.
(t) Any fences to be constructed on a Lot must be constructed in accordance with the provisions of Paragraph 16(c) hereof and must be approved by the Architectural Review Board in accordance with Paragraph 6.
(u) No antenna, satellite dishes or other device for the transmission or reception of radio, television or satellite signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors and above ground whether attached to a Dwelling Unit or otherwise on any lot without the written approval of the Architectural Review Board, which approval shall not be unreasonably withheld. Provided, however, that any such device may be installed and maintained on any Lot without the necessity of such written approval if (a) is not visible from neighboring Lots, streets or Common Area; (b) the Owner prior to installation has receiving the written consent of the Owners of all Lots who would have views of the device from their Lots or (c) the device is virtually indistinguishable from structures, devices or improvements such as heat pumps, air conditioning units, barbeque grills, patio furniture and garden equipment which are allowed in Crystal Pointe and/or by this Declaration or (d) it is a satellite dish two (2) feet or less in diameter.
Notwithstanding anything to the contrary contained herein or in the Articles or Bylaws, including, but not limited to, any covenants and restrictions set forth herein or otherwise, Centex and 86th Street shall have the right to use and maintain any Lots and Dwelling Units owned by Centex or 86th Street (as applicable) and other portions of the Real Estate owned by Centex or 86th street (as applicable) all of such number and size and at such locations as Centex or 86th Street in its sole discretion may determine, as Centex or 86th Street may deem advisable or necessary in its sole discretion to aid in the construction of Dwelling Units and the sale of Lots and Dwelling Units or for the conducting of any business or activity attendant thereto, including, but not limited to, model Dwelling Units, storage areas, construction yards, signs, construction offices, sales offices, management offices and business offices. Centex or 86th Street shall have the right to relocate any or all of the same from time to time as it desires. At no time shall any of such facilities so used or maintained by Centex or 86th Street be or become part of the common Area, unless so designated by Centex or 86th Street (as applicable) and Centex or 86th Street (as applicable) shall have the right to remove the same from the Real Estate at any time.
<<< Previous Page Next Page >>>