West Point Towne Center

CC & Rs: Architectural Controls & Use Restrictions

Article 3.1 - Architectural Control

3.1 Approval Required. No Improvement which would be visible from neighboring property shall be constructed or installed on any lot, or parcel without the written approval of the architectural committee which shall regulate the external design and appearance of the lots and parcels and all improvements constructed thereon. No addition, alteration, repair, change or other work which in any way alters the exterior appearance of any part of a lot, or parcel, or any improvements located thereon, which are or would be visible from neighboring property, shall be made or done without the prior written approval of the Architectural Committee. Any owner desiring approval of the Architectural Committee for the construction, installation, addition, alteration, repair, change or replacement of any improvement which is or would be visible from neighboring property shall submit to the Architectural Committee a written request for approval specifying in detail the nature and extent of the addition, alteration, repair, change or other work which the owner desires to perform. Any owner requesting the approval of the Architectural Committee shall also submit to the Architectural Committee any additional information, plans and specifications which the Architectural Committee may request. If the Architectural Committee fails to approve or disapprove an application for approval within forty-five (45) days after an application meeting all of the requirements of the Declaration and of the Design Guidelines, together with any fee payable pursuant to Section 3.5 of this Declaration and any additional information, plans and specifications requested by the Architectural Committee, have been submitted to the Architectural Committee, the application will be deemed to have been approved. The approval by the Architectural Committee of any construction, installation, addition, alteration, repair, change or other work shall not be deemed a waiver of the Architectural Committee's right to withhold approval of any similar construction, installation, addition, alteration, repair, change or other work subsequently submitted for approval.

Article 4: Use Restrictions

4.1 Residential Use. All Residential Units and Condominium Units shall be used, improved and devoted exclusively to residential use. No trade or business may be conducted on any Lot or Parcel or in or from any Residential Unit, except that an Owner or other Resident of a Residential Unit or Condominium Unit may conduct a business actively within a Residential Unit or Condominium Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Residential Unit or Condominium Unit; (ii) the business activity conforms to all applicable zoning ordinances or requirements for the Project; (iii) the business activity does not involve persons coming to the Lot or Condominium Unit or the door-to-door solicitation of Owners or other Residents in the Project; and (iv) the business activity is consistent with the residential character of the Project and does not constitute a nuisance or a hazardous or offensive use or threaten security or safety of other Residents in the Project, as may be determined from time to time in the sole discretion of the Board. The terms "business" and "trade" as used in this Section shall be construed to have ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether: (i) such activity is engaged in full or part time; (ii) such activity is intended or does generate a profit; or (iii) a license is required for such activity. The leasing of a Residential Unit or Condominium Unit by the Owner thereof shall not be considered a trade or business within the meaning of this Section.

4.2 Temporary Occupancy and Temporary Buildings. No trailer,
basement of any incomplete building, tent, shack, garage or barn, and no temporary buildings or structures of any kind, shall be used at any time for a residence, either temporary or permanent No temporary construction buildings or trailers may be installed or kept on any Lot or Parcel without the prior written approval of the Architectural Committee. Any such temporary buildings or trailers approved by the Architectural Committee shall be removed immediately after the completion of construction.

4.3 Nuisances: Construction Activities. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot or Parcel, and no odors or loud noises shall be permitted to arise or emit therefrom, so as to render any such property or any portion thereof, or activity thereon, unsanitary, unsightIy, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such other property. No other nuisance shall be permitted to exist or operate upon any Lot or Parcel so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Normal construction activities and parking in connection with the building of Improvements on a Lot or Parcel shall not be considered a nuisance or otherwise prohibited by this Declaration, but Lots and Parcels shall be kept in a neat and clean condition during construction periods, trash and debris shall not be permitted to accumulate, and supplies of brick, block, lumber and other building materials will be piled only in such areas as may be approved in writing by the Architectural Committee. In addition, any construction equipment and building materials stored or kept on any Lot or Parcel during the construction off improvements may be kept only in areas approved in writing by the Architectural Committee, which may also require screening of the storage areas, The Architectural Committee in its sole discretion shall have the right to determine the existence of any such nuisance.

4.4 Diseases and lnsects. No Person shall permit any thing or condition to exist upon any Lot or Parcel which shall induce, breed or harbor infectious plant diseases or noxious insects.

4.5 Antennas. Except as expressly permitted by the Design Guidelines, no
antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation including, without limitation, satellite or microwave dishes, which is or would be Visible From Neighboring Property shall be erected used, or maintained on any Lot or Parcel without the prior written approval of the Architectural Committee.

4.6 Mineral Exploration. No Lot or Parcel shall be used in any manner to
explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind.

4.7 Trash Containers and Collection. No garbage or trash shall be placed
or kept on any Lot or Parcel, except in covered containers of a type, size and style which are approved by the Architectural Committee. In no event shall such containers be maintained so as to be Visible From Neighboring Property except to make the same available for collection and then only for the shortest time reasonably necessary to effect such collection. All rubbish, trash, or garbage shall be removed from Lots or Parcels and other property and shall not be allowed to
accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot or Parcel.

4.8 Clothes Drying Facilities. No outside clotheslines or other outside
facilities for drying or airing clothes shall be erected, placed or maintained on any Lot or Parcel so as to be Visible From Neighboring Property.

4.9 Utility Service. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot or other Parcel unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structures approved by the Architectural Committee. No provision of this Declaration shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Architectural Committee.

4.10 Overhead Encroachments. No tree, shrub, or planting of any kind on
any Lot or Parcel shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, pedestrian way or other area from ground level to a height of eight (8) feet.

4.11 Animals. No animal, bird, fowl, poultry, reptile or livestock may be kept on any Lot or Parcel, except that a reasonable number of dogs, cats, parakeets or similar household birds may be kept on a Residential Lot or in a Condominium Unit if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. All dogs, cats or other pets permitted under this Section shall be confined to an Owners lot, except that a dog or cat may be permitted to leave an Owner's Lot if such dog or cat is at all times kept on a leash not to exceed six feet (6') in length and is not permitted to enter upon any other Lot. No animal, bird, fowl, poultry or livestock shall be allowed to make an unreasonable amount of noise or to become a nuisance. No structure for the care, housing or confinement of any animal, bird, fowl, poultry, or livestock shall be maintained so as to be Visible From Neighboring property without the prior written approval of the Architectural Committee, Any person bringing a pet onto the Master Common Area shall immediately remove any solid waste deposited by the pet on the Master Common Area. In addition, each Owner and Resident shall promptly remove any solid waste deposited by a pet on the Lot or Parcel, of the Owner or Resident. Upon the written request of any Owner, Lessee of Resident, the Architectural Committee shall conclusively determine, in its sole and absolute discretion whether, for the purposes of this Section, a particular animal, bird, fowl, poultry, or livestock is a nuisance or making an unreasonable amount of noise. Any decision rendered by the Architectural Committee shall be enforceable in the same manner as other restrictions set forth in this Declaration.

4.12 Machinery and Equipment. No machinery or equipment of any kind
shall be placed, operated or maintained upon or adjacent to any Lot or Parcel except such machinery or equipment as is usual and customary in connection with the use, maintenance or construction (during the period of construction) of a building, appurtenant structures, or other improvements or such machinery or equipment which Declarant or the Association may require for the operation and maintenance of the Project.

4.13 Signs. Except as expressly permitted by the Design Guidelines, no signs whatsoever (including, but not limited to, commercial, political, "for sale", "for rent" and similar signs) which are Visible From Neighboring Property shall be erected or maintained on any Lot or Parcel without the prior written approval of the Architectural Committee.

4.14 Restriction on Further Subdivision. Property Restriction and
Rezoning. No Lot or Parcel shall be further subdivided or separated into smaller lots or parcels by any Owner other than Declarant, a District Developer, or a Builder, and no portion less than all of any such Lot or Parcel shall be conveyed or transferred by any Owner, without the prior written approval of the Architectural Committee. No further covenants, conditions, restrictions or easements other than a Supplemental Declaration shall be recorded by any Owner, Lessee, or other Person against any part of the Property without the provisions thereof having been first approved in writing by the Board, except that a District Developer may record covenants, conditions and restrictions on any Lot or Parcel owned by the District Developer without obtaining the consent or approval of the Board or any other Owner. Any covenants, conditions or restrictions recorded by a District Developer shall not modify or amend this Declaration, but in the event that such covenants, conditions and restrictions impose restrictions on the use or occupancy of the real property subject to the covenants, conditions and restrictions which are more restrictive then the restrictions set forth in this Article 4, the more restrictive provision shall prevail. No application for rezoning, variances or use permits pertaining to any Lot or Parcel shall be filed with any governmental authority by any Person other than the Declarant unless the application has been approved by the Board and the proposed use otherwise complies with this Declaration.

4.15 Vehicles and Parking.
4.15.1 As used in this Section 4.15, the term "Motor Vehicle" means a car, van, truck, recreational vehicle, motor home, motorcycle, all terrain vehicle, utility vehicle, pickup truck or other motor vehicle.
4.15.2 No mobile home, travel trailer, tent trailer, trailer, camper shell, boat trailer, boat or other similar equipment may be parked, kept or stored on any Residential Lot or the Master Common Area or Neighborhood Common Area without the prior written approval of the Architectural Committee.
4.15.3 Except as permitted by Subsection 4.15.4 or 4.15.5, no Motor Vehicle may be parked, kept or stored on any Lot, Parcel, Master Common Area or Neighborhood Common Area without the prior written approval of the Architectural Committee.
4.15.4 Motor Vehicles owned or leased by an Owner, Lessee or
Resident of a Lot must be parked in the garage of the Residential Unit unless there is insufficient space within the garage for the parking of all such Motor Vehicles, in which case such Motor Vehicles may be parked in the driveway situated on the Lot provided such Motor Vehicles do not exceed 7 feet in height and do not exceed 20 feet in length and do not extend onto any adjacent sidewalk or street. Recreational vehicles, motor homes and similar vehicles owned or leased by an Owner, Lessee or Resident which exceed 7 feet in height and/or exceed 20 feet in length may be parked in the rear or side yard of a Lot if the rear or side yard is fully enclosed by a wall or fence and may be parked in the driveway on a Lot for the purpose of loading or unloading, but in no event shall such recreational vehicle, motor home or similar vehicle be parked in the driveway for more than twenty-four (24) consecutive hours or for more than seventy-two (72) hours within any seven (7) day period.
4.15.5 Motor Vehicles owned by guests of an Owner, Lessee or other
Resident may be parked in the driveway on a Lot or on a public or private street for a period not to exceed 72 hours within any seven (7) day period.
4.15.6 The Board shall have the right and power to adopt rules and
regulations governing the parking of Motor Vehicles on Lots, Parcels, Master Common Areas or Neighborhood Common Areas and implementing the provisions of this Section 4.15. In the event of any conflict or inconsistency between the provisions of this Section 4.15 and the rules and regulations adopted by the Board, the provisions of this Section 4.15 shall control.
4.15.7 No Motor Vehicle shall be constructed, reconstructed or repaired on any Lot, Parcel, Master Common Area or Neighborhood Common Area in such a manner as to be Visible From Neighboring Property, and no inoperable vehicle may be stored or parked on any Lot, Parcel, Master Common Area or Neighborhood Common Area in such a manner as to be Visible From Neighboring Property.

4.16 Towing of Vehicles. The Board shall have the right to have any mobile home, travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehicle, boat, boat trailer or similar equipment or vehicle or any automobile, truck, motorcycle, motorbike, or other motor vehicle which is parked, kept, maintained, constructed, reconstructed or repaired in violation of the Community Documents towed away at the sole cost and expense of the owner of the vehicle or equipment. Any expense incurred by the Association in connection with the towing of any vehicle or equipment shall be paid to the Association upon demand by the owner of the vehicle or equipment. If the vehicle or equipment is owned by an Owner, any amounts payable to the Association shall be secured by the Assessment Lien, and the Association may enforce collection of said amounts in the same manner provided for in the Declaration for the collection of Assessments.

4.17 Variances. The Architectural Committee may, at its option and in extenuating circumstances, grant variances from the restrictions set forth in this Article 4 if the Architectural Committee determines in its discretion that (i) a restriction would create an unreasonable hardship or burden on an Owner, Lessee or Resident or a change of circumstances since the recordation of this Declaration has rendered such restriction obsolete and (ii) that the activity permitted under the variance will not have any substantial adverse effect on the Owners, Lessees and Residents of the Project and is consistent with the high quality of life intended for residents of the Project.

4.18 Drainage. No structure, building, landscaping, fence, wall or other
Improvement shall be constructed, installed, placed or maintained in any manner that would obstruct, interfere with or change the direction or flow of water in accordance with the drainage plans for the Project, or any part thereof, or for any Lot or Parcel as shown on the drainage plans on file with the county or municipality in which the Project is located. No Person shall alter the grading of a Lot or Parcel or alter the natural flow of water over and across a Lot or Parcel without the prior written approval of the Architectural Committee.

4.19 Garages and Driveways. Garages situated on Lots shall be used only for the parking of vehicles and shall not be used or converted for living or recreational activities
without the prior written approval of the Architectural Committee. Garages may be used for the storage of material so long as the storage of material does not restrict the use of the garage for the parking of motor vehicles.

4.20 Rooftop Air Conditioners Prohibited. No air conditioning units or appurtenant equipment may be mounted, installed or maintained on the roof of any Residential Unit or other building on a Lot so as to be Visible From Neighboring Property.

4.21 Baskelball Goals and Backboards. Except as expressly permitted by the Design Guidelines, no basketball hoop, goal or backboard shall be constructed or installed on any Lot or Parcel without the prior written approval of the Architectural Committee.

4.22 Playground Equipment. Except as expressly permitted by the Design
Guidelines, no jungle gyms, swing sets or similar playground equipment which would be Visible From Neighboring Property shall be erected or installed on any Lot or Parcel without the prior
written approval of the Architectural Committee.

4.23 Development Rights of District Developers and Builders.
Notwithstanding any other provision of this Declaration to the contrary, each District Developer and Builder shall have the right to maintain model homes and sales offices on Lots owned or leased by the District Developer or Builder and to construct and maintain parking areas for the purpose of accommodating persons visiting such model homes and sales offices. Any home constructed as a model home shall cease to be used as a model home and any sales office shall cease to be used as a sales office at any time the District Developer or Builder is not actually engaged in the construction and sale of Residential Units or Condominium Units in the Project. No Residential Unit shall be used as a model home for the sale of Residential Units or Condominium. Units not located in the Project, and no sales office shall be used for the sale of Lots or homes not located in the Project. Notwithstanding any other provision of this Declaration to the contrary, a District Developer or Builder may store supplies of brick, block, lumber and other building materials on the Lots owned by the District Developer or Builder. In addition, normal construction activities of a District Developer or Builder in connection with the construction of irnprovements shall not be considered a nuisance or otherwise prohibited by this Declaration. A District Developer or Builder constructing Improvements on Lots shall keep the Lots in a clean, safe and neat condition free of weeds, trash and debris. Notwithstanding any other provision of this Declaration to the contrary, a District Developer or Builder may construct and install temporary subdivision identification, direction and marketing signs on the Master Common Area or Lots or Parcels owned by such District Developer or Builder, but all such signs shall be maintained by the District Developer or Builder in good condition and must be removed promptly at such time as the District Developer or Builder is no longer offering Lots or Condominium Units for sale to the public.

4.24 Installation of Front Yard Landscaping. Within ninety (90) days after the date on which a Residential Unit is first occupied, grass, trees, plants and other landscaping
improvements (together with a drip irrigation or sprinkler system sufficient to water adequately such grass, trees, plants and other landscaping improvements) shall be installed on that portion of the Lot which is between the street adjacent to the Lot and the exterior wall of the Residential Unit or any wall separating the side or back yard of the Lot from the front yard of the Lot At least two 15 gallon trees must be planted in the front yard of the Lot. All landscaping installed pursuant to this Section must be installed in accordance with plans approved in writing by lhe Architectural Committee. If any Owner fails to landscape his Lot in the manner and within the time provided for in this Section, the Association shall have the right, but not the obligation, to eter upon such Owner's Lot and install such landscaping improvements as the Association deems appropriate, and the cost of any such installation shall be paid to the Association by the Owner of the Lot, upon demand from the Association. Any amounts payable by an Owner to the Association pursuant to this Section shall be secured by the Assessment Lien, and the Association may enforce collection of such amount in the same manner and to the same extent as provided elsewhere in this Declaration for the collection and enforcement of Assessments.