Real Estate CCR Document

REAL ESTATE COVENANTS, CONDITIONS, AND RESTRICTIONS (CCR) DOCUMENT

RECITALS

This instrument is executed on this date by Declarant and Owner for the benefit of the real property described below and for the purpose of establishing binding covenants, conditions, restrictions, and easements running with the land.

Declarant Name:

Owner Name:

PROPERTY IDENTIFICATION

DEFINITIONS

For purposes of this instrument, "Association" means the homeowners association or such entity established to enforce and administer these covenants; "Lot" means any subdivided parcel within the Property; "Declarant" means the party executing this instrument and any successors or assigns.

COVENANTS AND RESTRICTIONS

1. Use: All Lots shall be used for residential purposes only. No trade, business, profession, or commercial activity shall be conducted on any Lot which is visible from adjacent property or which materially increases traffic or parking demands.

2. Nuisances: No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

ARCHITECTURAL CONTROL

No exterior construction, alteration, painting, planting, landscaping, or other improvement shall be commenced until plans and specifications showing the nature, shape, height, materials, color, and location have been submitted to and approved in writing by the Architectural Review Committee (ARC) or Declarant as designated. ARC shall render a written decision within days of receipt. Failure to respond within that period shall be deemed approval denial.

Submissions to ARC shall include plans, specifications, and such other information as the ARC may reasonably require. ARC may condition approval on mitigation measures reasonably necessary to preserve aesthetics, safety, or function.

ASSESSMENTS, LIENS, AND COLLECTION

The Association shall have the power to levy regular and special assessments as reasonably required for operation, maintenance, repairs, insurance, reserves, and administration. Assessments not paid within days after the due date shall incur a late charge of and interest at the maximum lawful rate. Unpaid assessments shall be a lien on the Lot and collectible by foreclosure or other remedies provided by law; the prevailing party in any collection action shall be entitled to recover reasonable attorney fees and costs.

MAINTENANCE, REPAIRS, AND INSURANCE

Each Owner shall maintain the Lot and all improvements in a neat, safe, and sanitary condition and shall promptly repair any damage. The Association may, after reasonable notice and an opportunity to cure, perform maintenance and levy the cost as an assessment against the Lot.

The Association shall maintain liability and property insurance for common areas as it deems appropriate. Owners are responsible for insurance covering their Lots and personal property. The Association shall have the right to require evidence of insurance upon request.

RESTRICTIONS (CHECK APPLICABLE)

Residential use only
Home-based businesses visible to the public prohibited
Pets permitted subject to reasonable size, number, and control rules
Detached outbuildings require ARC approval
Signs restricted except as approved by ARC

ENFORCEMENT, DEFAULT AND REMEDIES

The Association, Declarant, or any Owner shall have the right to enforce these covenants by any proceedings at law or in equity, including actions for injunctive relief and damages. In any enforcement action, the prevailing party shall be entitled to recover costs and reasonable attorney fees. The failure to enforce any provision shall not constitute a waiver of the right to enforce thereafter.

AMENDMENT

These covenants may be amended by written instrument signed by Owners of not less than % of the Lots or such greater percentage as may be required by law. Declarant (if any) shall retain the unilateral right to amend these covenants for a period of years from the date of recordation with respect to matters of subdivision plan, public improvements, or to facilitate financing and development.

TERM, SEVERABILITY AND GOVERNING LAW

These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of years from recordation, after which they shall be automatically extended for successive periods of ten (10) years unless amended as provided herein. If any provision is held invalid, the remainder shall remain in full force and effect.

Governing Law: These covenants shall be governed by and construed in accordance with the laws of the state in which the Property is located.

NOTICES

RECORDING INFORMATION

CERTIFICATION

The undersigned Declarant and Owner certify under penalty of perjury that they are authorized to execute and record this instrument, that the matters stated herein are true and correct to the best of their knowledge, and that the covenants and restrictions contained herein shall be enforceable as set forth above.

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