White Oak

White Oak Deed Restrictions (extract from Article VI)

ARTICLE VI. ARCHITECTURAL CONTROL

The following is provided for your convenience reference and taken from White Oaks Homeowners Association's "Articles of Organization"—created back in the 1970s. While some people see these as highly restrictive and controlling, they were developed for the greater good of improving the overall appearance and thus maximizing the "value" of every homeowner's investment. It’s your elected Board of Directors hope that you will honor and respect these and the approval process involved so that improvements can be approved and made in a expedited fashion, and where disapprovals are minimal.

"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 therein, including but not limited to color of paint on the exterior and type of exterior finish, be made until the plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of topography by the Board of Directors of the Association or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

The Owner shall provide exterior maintenance upon each Lot, including, but not limited to, paint repair, replace and care for roofs, gutters, down spouts, exterior building surfaces, trees, shrubs, grass, or other ground cover (including fertilizing and cutting thereof), and maintaining walks, driveways, and other exterior maintenance.

In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors or it designated committee, said Board of Directors or its designated committee shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance and any other costs or attorney’s fees caused in the enforcement of the rights under these provisions shall be added to and become a part of the assessments to which such Lot is subject. Approval by the Board of Directors or its designated committee where required shall be as provided hereafter.

The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative, fails to approve or disapprove within thirty (30) days after the plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with; however, in the event the committee is not notified or requested in writing to approve any item recited in these Restrictions, then the committee may institute suit to enjoin and remove any building, wall, garage, outbuilding, or other structure located on said premises; and further, the committee may utilize any other legal or equitable remedy."

ARTICLE VII. GENERAL RESIDENTIAL COVENANTS

Section 1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one detached single-family dwelling not to exceed two and one-half stories in height.

Section 2. Dwelling Cost, Quality, and Size. No dwelling shall be permitted on any Lot at a cost to purchaser, including said Lot, of less than $65,000.00, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling area and size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1,300 square feet for a one-story dwelling and not less than 800 square feet for a dwelling of more than one story.

Section 3. Building Location.

(a) No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded [lat. In any event, no building shall be located on any lot nearer than 30 feet to the front lot line or nearer than 17 feet to any side street line.
(b) No building shall be located nearer than six (6) feet to the interior side boundary line on one side of a lot and eight (8) feet to the interior boundary line on the opposite side of the lot, except that a detached garage or other permitted accessory building may be located up to two (2) feet from said interior side boundary line, provided that said garage is located at least four (4) feet or more to the rear of the main dwelling.
(c) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
In the event of the unintentional violation of any of the building line restrictions herein set forth, William Trotter Company or William Trotter Development Company, their successors or assigns, reserves the right by and with the mutual consent of the owners or owner for the time being of the lot or lots affected thereby, to change such restrictions accordingly; provided, however, that such change shall not exceed ten percent (10%) of the marginal requirements of such building line restriction, except that a side yard unintentional violation may be as much as two (2) feet.

Section 4. Lot Area and Width No dwelling shall be erected or placed on any interior lot having a width of less than 70 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any lot having an area of less than 11,250 square feet.

Section 5. Easements. Easements are reserved to William Trotter Development Company and/or its assigns for installation and maintenance of utilities and drainage facilities as shown on the recorded plat and over the rear 10 feet of each lot. In addition, a perpetual right and easement is reserved to William Trotter Development Company and/or its assigns as shown on the recorded plat and over the same rear 10 feet of each lot for the installation and maintenance service of cable television, including a perpetual right and easement to erect, construct, install, and lay and thereafter use, operate, inspect, maintain, replace, and remove underground cables and other necessary apparatus for the transmission of cable television signals and other communication purposes, said easements extending upon, over, across, under, and through a strip of land ten (10) feet in width located along and parallel to the rear lot line and as shown on the recorded plat. Within these easements, no structures, planting, fences, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements within it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible, Within these easements, no debris, piles of leaves, grass clippings, or other material may be placed or dumped in such a manner that it might be washed by water drainage onto the property of any other owner.

Section 6. Nuisances. No noxious or offensive activity deemed by the Board of Directors of the Association or its designated committee shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood as determined by said Architectural Control Committee. Example of such offensive activities shall include, but not be limited to, the maintenance of an auto repair site, the maintenance of unsightly outdoor storage of personal property (including toys, motorcycles, or other motor vehicles, tricycles, bicycles, wood piles, or other miscellaneous items) on porches, patios, terraces, or yards, or similar unsightly activity not in keeping with the general good looks of the subdivision.

Section 7. Temporary Structures. No structure of a temporary character, trailer, basement , tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

Section 8. Parking of Vehicles. No commercial truck, school bus, camper trailer, recreation vehicle, nor any other vehicle deemed by the Board of Directors of the Association or its designated committee to be unsightly, shall be parked in the street, in a driveway, in the front yard, in a side yard, or in the back yard of any Lot.

Section 9. Signs. No sign shall be displayed to the public view on any Lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

Section 10. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes, and provided facilities for such pets and the pets themselves do not create a nuisance as determined by the Board of Directors of the Association, or its designated committee in which case the nuisance will immediately be abated upon request of said Board or Committee.

Section 11. Control of Dogs. Every person owning or having possession, charge, care, custody, or control of any dog shall keep such dog exclusively upon his own premises; provided, however that such dog may be off the premises if it be under the control of a competent person and restrained by a chain or leash or other means of adequate physical control.

Section 12. Garbage and Refuse disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment shall be kept in clean and sanitary condition.