By Jorge Miller,2014-08-12 11:43
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    6.01 General. In addition to numerous other covenants, the Declaration sets out certain Use Restriction which must be complied with by all Owners and Occupants of property within Hamby Place. The Board may without consent of the Members promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules are binding upon all Owners and Occupants until and unless overruled, cancelled or modified in a regular/special meeting by a Majority of the total Association vote entitled to vote.

     Some of the use restrictions set forth in the Declaration have been

    summarized below for your convenience. However, this abridged list does not replace the actual covenants or use restrictions set forth in the recorded declaration. All owners and occupants are still responsible for complying with the provisions of the actual legal documents for Hamby Place.

6.02 RESIDENTIAL USE. All residences shall be used for single-family

    residential purposes exclusively. No business/activity shall be carried on, in or upon any Residence at any time except with the written approval of the Board.

    6.03 SIGNS. No sign of any kind shall be erected by an Owner or Occupant without the prior written consent of the ACC. The Board shall have the right to erect reasonable and appropriate signs. “For Sale” and “For Rent” signs must be consistent with the Community-Wide Standard on any residence.

     6.04 VEHICLES. The term “vehicle” shall include, without limitation motor

    homes, boats, trailers, motorcycles, minibikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. If a homeowner owns more vehicles than the number of parking areas, then all vehicles shall be parked in garage, if applicable. If the residence includes a garage with exterior doors, then the doors shall be kept closed at all times except during ingress/egress.

    No vehicle may be left upon any portion of the

    Community, except in the garage or other area designated by the Board longer than seven (7) days if it is unlicensed or in condition such that is incapable of being operated upon the public highways. After seven (7) days, such vehicle shall be considered a nuisance and may be removed from the Community. Any towed vehicle, boat, recreational vehicle,

    motor home, or mobile home regularly stored or temporarily kept in the Community, except if kept in garage/designated area longer than twenty four (24) hours each shall be

    considered a nuisance and may be removed from the Community. Trucks with mounted campers must store camper out of public view upon removal.

6.05 LEASING. Residences may be leased and shall have a minimum

    term of six (6) months. All shall require that the tenant acknowledge receipt of a copy of the Declaration, By-Laws, use restrictions, and rules and regulations of the Association. The lease shall obligate the tenant to comply with the foregoing, and shall provide in the event of noncompliance, the Board may evict the tenant on behalf of the Owner and specifically asses all costs against the Owner and the Owner’s Property.

6.06 OCCUPANTS BOUND. All provisions of the Declarations, By-Laws,

    rules and regulations, use and restrictions or design guidelines shall apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners/Occupants. If a fine is levied against the Occupant and is not paid timely, the fine may then be levied against the Owner.

6.07 ANIMALS AND PETS. No animals, livestock, or poultry of any kind

    may be raised, bred, kept or permitted on any Residence, with the exception of dogs, cats, or other usual/common household pets in a reasonable number. Those pets which, in the sole discretion of the Board, endanger health, make objectional noise, or constitute a nuisance or inconvenience to the neighbors may be removed by the Board. Dogs must be kept on a leash at all times when outside, or confined in a manner acceptable to the Board. No household pet that has caused damage/injury may be walked in the Community. Pets shall be registered, licensed and inoculated as required by law.

6.08 NUISANCE. It shall be the responsibility of each Owner/Occupant to

    prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his/her property. No property within the Community shall be used, for the storage of any property or thing that will cause Residence to appear to be in an unclean or untidy condition or obnoxious to the eye. No substance, thing, or material may be kept that will emit foul, obnoxious odors or that will cause any noise that will/might disturb the peace, quiet, safety, comfort, or serenity of the neighbors. No plants, animals, device or thing whose existence is noxious, dangerous, unsightly, unpleasant shall be maintained that may diminish the enjoyment of the Community.

6.09 UNSIGHTLY/UNKEMPT CONDITIONS. The assembly/disassembly of

    motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions shall not be pursued/undertaken in any part of the Community.

6.10 ARCHITECTURAL STANDARDS. No exterior construction, alteration,

    addition, or erection of any nature shall be commenced/placed upon any part of the Community except as is installed by the Declarant, its successors and assigns or as is approved. No exterior construction, addition, erection, or alteration shall be made unless and until plans and specifications showing at least the nature, kind, shape, height, materials, and locations shall have been submitted in writing to and approved by the ACC.

     In the event that the ACC fails to approve/disapprove submitted plans within sixty (60) days after plans have been submitted, approval will not be required. Owner shall assume all responsibilities for maintenance, repair, replacement and insurance to and on any change, modification, addition, or alteration. Owner may be made to verify such condition of approval. The ACC may withhold approval for any reason, including purely aesthetic considerations and shall be entitled to stop any construction in violation. Any Board member or its representative shall have the right

    during reasonable hours and after reasonable notice enter upon property to inspect

    modifications to ensure the covenants have been complied with. Such person shall not be deemed guilty of trespass by reason of such entry.

     The ACC or members thereof are not responsible for approving

    engineering or structural design or quality of materials. Every person/owner who submits plans agrees to not bring any action or suit against Declarant, the Association, ACC, Board, officers, directors, members, employees and agents of any to recover such damages.

    ANTENNAS. No exterior antennas of any kind shall be placed, 6.11

    allowed, or maintained upon any portion of the Community/residence without prior written consent. No free standing antennas including, without limitation satellite dishes shall be placed on any residence. The Board reserves the right to erect a master antenna satellite dish for the benefit of the entire community.

6.12 TREE REMOVAL. No trees shall be removed without the express

    consent of the Board except for diseased or dead trees or trees needing to be removed to promote the growth of other trees or for safety reasons.

6.13 DRAINAGE. Catch basins and drainage areas are for the propose of

    natural flow of water only. No obstruction/debris shall be placed in this area.

6.14 SITE DISTANCE AT INTERSECTIONS. All property located at Street

    intersections shall be landscaped so as to permit safe sight across Street corners. No fence, wall, hedge or shrub shall be permitted where this would create a traffic or sight problem.


    clotheslines, garbage cans, woodpiles, swimming pool pumps, filters and related equipment shall be located/screened so as to be concealed from view.

6.16 SUBDIVISION OF RESIDENCE. No residence shall be subdivided or

    its boundary lines changed except with the prior written approval of the Board or designee. Declarant reserves the right to replat any Residence.

    6.17 GUNS. The use of firearms in the Community is prohibited. The term “firearm” includes “B-B” guns, pellet guns, and small firearms of all types.

    6.18 FENCES. No fence/fencing type barrier an any kind shall be placed, erected, allowed, or maintained upon any portion of Community/Residence without prior written consent.

    6.19 LAKES. The Board or its designees shall govern the use of lakes as may exist in the Community or such lakes as are made available for the use of all Owners/Occupants in community.

    6.20 UTILITY LINES. No overhead utility lines, including lines for cable T.V. shall be permitted within the community, except for temporary lines during construction.

6.21 AIR-CONDITIONING UNITS. No window air conditioning units may be

    installed unless approved by the Board.

    6.22 LIGHTING. Except for seasonal Christmas decorative lights, all exterior lights must be approved by the Board/designee.


    ITEMS. No artificial vegetation shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved by the Board/designee.

6.24 ENERGY CONSERVATION EQUIPMENT. No solar energy collector

    panels/attendant hardware or other energy conservation equipment shall be constructed/installed unless they are an integral/harmonious part of the architectural design of structure, as determined by the Board/designee.

6.25 ABOVE GROUND SWIMMING POOLS. Above ground swimming

    pools shall not be erected unless permitted by the Board/designee.

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