Real Estate CCRs

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (CCRs)

Parties and Recording Information

Declarant Name:

Association Name (if established):

Property Identification

Recitals and Effective Date

Recital: Declarant is the owner of the real property identified above and desires to subject the Property to covenants, conditions and restrictions for the benefit of the Property and future owners as set forth herein.

Effective Date: ,

Definitions

"Association" means the homeowners association established by Declarant or the owners as described herein. "Lot" means a portion of the Property shown on the recorded plat for separate ownership. "Common Area" means property owned by the Association for the common use and enjoyment of Owners.

Permitted Uses and Use Restrictions

All Lots shall be used only for residential purposes and accessory uses incidental thereto. No Lot shall be used for any trade, business or commercial purpose that creates a nuisance, traffic, or unauthorized visitor concentration. No exterior alterations or additions (including paint color changes, fences, driveways, and outbuildings) shall be made without prior written approval of the Architectural Review Committee.

ARC Review Period: If the ARC fails to approve or disapprove a complete application within days after receipt, approval shall not be deemed granted and the application shall be deemed denied unless otherwise provided by the ARC rules.

Assessments and Liens

Declarant hereby establishes regular assessments to fund maintenance of Common Area, insurance, reserves and other Association obligations. Each Lot shall be subject to assessments as set by the Association in accordance with this Declaration.

Assessment Due Date Each Year: of or as otherwise provided in Association bylaws.

The Association shall have a lien on the Lot for unpaid assessments together with interest, late charges, reasonable costs of collection and attorneys' fees. The Association may foreclose the lien in accordance with applicable law and this Declaration.

Maintenance, Insurance and Utilities

Each Owner shall maintain the exterior of their Lot and any improvements thereon in good repair and condition. The Association shall maintain Common Areas. The Association shall obtain and maintain liability insurance for Common Areas and may obtain hazard insurance covering Common Areas and, at its discretion, obtain master policy coverage for Lots subject to Owner premiums or reimbursement.

Disclosures

Lead-based Paint: Yes No

Mold or Water Intrusion History: Yes No

Prior Structural or Fire Damage: Yes No

Enforcement, Remedies and Attorney's Fees

The Association, Declarant, or any Owner shall have the right to enforce this Declaration by any proceeding at law or in equity, including injunctive relief. In any action to enforce the Declaration, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and expenses.

Amendment and Term

This Declaration may be amended by the affirmative vote or written consent of Owners representing at least of the aggregate voting power of the Association, except as otherwise provided herein. Notwithstanding the foregoing, Declarant reserves special amendment rights as set forth in separate instrument if applicable.

Term: This Declaration shall run with and bind the Property and shall be perpetual, unless terminated in the manner set forth in this Declaration.

Easements and Rights

Declarant reserves for itself, the Association and all Owners the right to establish easements for ingress, egress, utilities, drainage and maintenance over and across the Common Areas and Lots as set forth on any recorded plat or this Declaration.

Severability, Governing Law and Miscellaneous

If any provision of this Declaration is held invalid or unenforceable, such provision shall be severed and the remainder shall remain in full force and effect. This Declaration shall be governed by and construed in accordance with the laws of the state in which the Property is located.

Notices

Any notice required or permitted to be given under this Declaration shall be in writing and shall be delivered personally, by certified mail, return receipt requested, or by other commercially acceptable means of delivery, to the address of the party set forth in this Declaration or to such other address as the party may designate by written notice to the other parties.

Signatures

The undersigned Declarant(s) hereby declare that the foregoing covenants, conditions and restrictions are made for the benefit of the Property and the Owners and shall be valid, binding and enforceable as provided herein.

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