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FOURTH
AMENDMENT and RESTATEMENT of
COVENANTS,
CONDITIONS and RESTRICTIONS
for
BOONE'S
TRACE DEVELOPMENT
The Covenants, Conditions and Restrictions made on
September 14, 1998, are recorded in Miscellaneous Book 124, at
page 402, in the records of the Madison County Court Clerk,
Richmond, Kentucky. The
Covenants, Conditions and Restrictions were amended on June 28,
1999, by Re-Recording and Amendment of record in Miscellaneous
Book 131, at page 626 in the office aforesaid.
The Covenants, Conditions and Restrictions were amended
on November 27, 2001, by Second Amendment and Restatement
recorded in Miscellaneous Book 160, page 582, in the office
aforesaid; and by Third Amendment and Restatement recorded in
Miscellaneous Book 183, at page 695, in the office aforesaid.
Additional amendments were made to the Covenants,
Conditions and Restrictions at a duly called meeting of the
Boone’s Trace Property Owners’ Association, Inc. held on
November 16, 2004. The
amendments adopted on November 25, 2004, were as follows:
A.
Exhibit A,
describing the properties subject to the Covenants, Conditions
and Restrictions, was amended to specifically list the sections
that had been developed since the recording of the Third
Amendment and Restatement (Gleneagles Phase IE-12 lots; Forest
Hills Phase III – 12 lots; Brighton Court- 9 lots).
B.
Paragraph (6) of Article I was amended to define
“Member” as an “Owner”.
C.
Paragraph (1) of Article II was amended to allow for
assignment of the plan approval function from the Developer to
the Association prior to the sale of one hundred percent of the
Developer’s lots.
D.
Paragraph (1)(j) of Article III was amended to add the
following: Owner
shall be responsible for installation of erosion and sediment
controls prior to the beginning of construction of other
improvements on a Lot.
E.
Paragraph (3) of Article III was amended to allow for
assignment of the variance approval function from the Developer
to the Association prior to the sale of one hundred percent of
the Developer’s lots.
F.
Paragraph (1) of Article IV was amended to specify that
the following types of signs do not require pre-approval:
one “For Sale” sign (which shall not be greater in
size than nine (9) square feet),unless the Lot is on the golf
course, in which case one additional such sign may be erected on
the golf course side of the Lot.
G.
Paragraph (6) of Article IV was amended to provide that
maintenance costs paid by the Association shall be considered a
Special Assessment against the involved Owner(s).
H.
Paragraph (7) of Article IV regarding Antennas was
amended to read as follows:
Antennas. No antenna shall be constructed upon any portion of a Lot
other than for the purpose of television signal reception.
No television antenna shall be constructed or allowed to
remain on any Lot which is not connected to the primary
residence thereon nor shall said antenna extend more than six
(6) feet above the roof line.
No satellite dish larger than twenty-two (22) inches by
forty-four (44) inches shall be permitted or located upon any
Lot, and any satellite dish permitted shall not be located in
the front yard or side yard abutting the side street (of a
corner Lot) of any Lot or be visible when the residence is
viewed from the street. Any
variance therefrom shall be considered as provided in Article
III, paragraph (3) above. The term “front yard” means the space extending the full
width of the Lot between the main front wall of the residence
and the front Lot Line from the ground upward.
The term “side Yard” means the space between the side
wall of the residence and the side Lot line from the ground
upward excluding the front yard.
I.
Paragraph (12) of Article IV was amended to provide for
screening of all exterior air conditioning units.
J. Paragraph (13)
of Article IV was amended to provide an exception for
home-based businesses with one employee (who is the Lot owner),
if the business does not require use of the common areas for any
purpose (deliveries, parking, meetings, etc).
K. Article
IV was amended at add Paragraphs (15) through (18), which
paragraphs will read as follows:
15.
Garage or Yard Sales.
No garage or yard sales shall be constructed or place
upon any Lot.
16.
Soliciting. No
soliciting shall be permitted on any Lot, unless approved in
advance by the Association.
17.
Traffic Control.
Each Owner, and such Owner’s occupants, guests,
invitees, permittees, agents and employees as a condition of
accessing the Properties, shall abide by the traffic control
signs/signals/devices, speed limits and other restrictions and
regulations regarding use of the roadways, and pay such
fine/charges as may be established from time to time by the
Association for violations thereof, which shall be levied and
considered as a Special Assessment against the involved Owners(s). In keeping therewith, any vehicles parked on any street in
violation of Article IV, paragraph (2) above, shall be removed
upon request of the Association; and if the involved Owner(s)
fail(s) to honor such request, the vehicle may be removed by the
Association from such street and the cost thereof shall be
charged to such Owner(s), as provided in the immediately
preceding sentence.
18.
Damage to Common Areas and Association Improvements.
Each Owner and such Owner’s occupants, guests,
invitees, permittees, agents and employees as a condition of
accessing the Properties, shall promptly pay the Association for
any damage done by such Person(s) to the Common Areas on the
Properties and/or improvements thereon or other improvements
located throughout the Properties, which are owned, installed or
maintained by the Association, including, without limitation,
any of the items mention in Article V, paragraph (2) below.
Any such damage amount shall be levied and considered as
a Special Assessment against the involved Owner(s).
L.
Article VI was amended to eliminate the obligation to
construct within specified time period, and in lieu thereof, to
add a new provision requiring the Owner, or the Owner’s
successors in title, to construct a sidewalk in accordance with
the appropriate specifications within thirty-six (36) months
after the date of the initial deed from the Developer.
M.
Article VIII of the Restrictive Covenants was amended to
require the Owner to complete and submit to security personnel
the registration form before receiving a sticker/insignia.
N.
Article XIX and Paragraph (9) of Article I were amended
to eliminate references to a private sanitary sewer system.
O.
Paragraph (2) of Article X was amended to provide for
modification of the Restrictive Covenants by approval of sixty
percent (60%) of the Members, instead of seventy-five percent
(75%) of the Members.
P.
Article X was amended to add a new paragraph (10), which
paragraph reads as follows:
10.
Assignment. The
several approval, enforcement and assessment rights retained by
the Developer herein contained may be assigned to the
Association. If
Development ceases to exist as a legal entity or ceases to own
any of the Lots within the Properties, those approval,
enforcement and assignment rights shall be deemed assigned to
the Association.
Now
therefore, the entire Covenants, Conditions and Restrictions for
Boone’s Trace Development as modified and amended shall be as
follows:
This DECLARATION of COVENANTS, CONDITIONS, AND
RESTRICTIONS was made on September 14, 1998, and amended as
indicated above on June 28, 1999; on November 27, 2001; on
November 25, 2003; and again on November 16, 2004, made by BOONE'S
TRACE, LLC, a Tennessee Limited Liability Company authorized
to do business in Kentucky, and with offices located at 175 Glen
Eagle Drive, in Richmond, Kentucky, 40475 (hereinafter the
"Developer").
Boone's Trace Development is a gated residential
community located off Kentucky Highway # 2328, formerly United
States Highway 25N, in Madison County, Kentucky.
The
Developer and the Boone’s Trace Property Owners’
Association, Inc. intend by this Declaration to impose upon the
Boone's Trace Development described in Exhibit
A (the Properties) mutually beneficial restrictions under a
general plan of improvement for the benefit of all owners of
residential property within the Properties.
The Developer and the Boone’s Trace Property Owners’
Association desire to provide a flexible and reasonable
procedure for the overall development of the Properties, and to
establish a method for administration, maintenance,
preservation, use and enjoyment of such properties as are
subjected to this Declaration.
This Declaration does not and is not intended to create a
condominium within the meaning of the Kentucky Horizontal
Property Law, Kentucky Revised Statutes, Section 381.805 et
seq.
EFFECTIVE DATE.
The Developer hereby declares that all Sections of the
Properties (as described in Exhibit
A) are subject to this Declaration.
The effective date of these COVENANTS, CONDITIONS, and
RESTRICTIONS shall be as follows:
(A) Sections
1-5 of Boone's Trace Development (as described in the attached Exhibit
A) shall be subject to these COVENANTS, CONDITIONS, and
RESTRICTIONS as of November 2, 1998, upon expiration of the
COVENANTS and PROTECTIVE RESTRICTIONS which are recorded in Deed
Book 316, at page 113, in the records of the Madison County
Court Clerk, in Richmond, Kentucky, pursuant to paragraph 18 of
such COVENANTS and PROTECTIVE RESTRICTIONS; and
(B) All
other Sections of Boone's Trace Development (see Exhibit
A attached) shall be subject to theses COVENANTS,
CONDITIONS, and RESTRICTIONS from and after the date on which
these COVENANTS, CONDITIONS, and RESTRICTIONS were originally
recorded in the records of the Madison County Court Clerk, in
Richmond, Kentucky.
ARTICLE
I
Definitions
1.
"Association" shall mean and refer to Boone's
Trace Property Owners' Association, Inc., a Kentucky
nonprofit corporation, whose Articles of Incorporation are
recorded in Misc. Book 23, at page 557, in the records of the
Madison County Court Clerk, its successors and assigns.
2. "Common Expenses" shall mean and
include actual and estimated expenses incurred by the
Association for the benefit of all owners, including such
reasonable reserves as may be established by the Association.
3. "Common
Area" shall mean all real and personal property that
the Association now or hereafter owns or otherwise holds for the
common use and enjoyment of all Owners.
4.
"Construction" shall mean and include
within its definition staking, clearing, excavating, grading, or
other site work, and building or placement of new structures,
swimming pools or other recreational facilities, and modifying
or removal of existing structures or facilities, and plantings
or removal of plants, trees, or shrubs.
5. "Lot"
shall mean a portion of the Properties, whether developed or
undeveloped, and depicted and described on a recorded Plat, and
intended for a single-family residence, including any structure
thereon, or if not yet platted, then it shall be assumed that
there is one “Lot” for each acre in the part of the
Properties not yet platted.
6.
"Member" shall mean and refer to a
Person entitled to membership in the Association as an Owner.
7. "Owner" shall mean and
refer to one (1) or more Persons who hold the record title to
any Lot that is part of the Properties, but excluding in all
cases any party holding an interest merely as security for the
performance of an obligation.
If a Lot is sold under a recorded contract of sale, and
the contract specifically so provides, then the purchaser
(rather than the fee owner) will be considered the Owner.
8. "Person" means a natural
person, a corporation, a partnership, a trustee, or other legal
entity.
9.
"Properties" shall mean and refer to the real
property described in Exhibit
"A" attached hereto.
The Properties are sometimes referred to herein as
Boone's Trace Development, or as all Sections thereof.
ARTICLE II
Approval
of Construction Plans
1. Approval
of Plans Prior to Construction.
Until one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in the
normal course of development and sale, or until assigned by
Developer to the Association, the Developer (or the Developer's
designated agent or committee) shall have the right to
pre-approve all plans for construction on any Lot.
During that time, NO CONSTRUCTION shall take place on any
Lot prior to Approval of the Plans for the construction by the
Developer (or the Developer's designated agent or committee).
Thereafter, the Association, in its discretion, may
establish such procedures for pre-approval of plans for
construction, as its Board of Directors determines to be
appropriate, from time to time, if any.
2. Procedure
for Approval of Construction Plans.
An Owner seeking approval for construction on a Lot shall
submit to the Developer two sets of plans and specifications.
The Developer shall retain one set, and one set shall be
returned to the Owner with the Developer's decision regarding
approval or rejections of the plans.
Plans shall include all details of the proposed
construction, including, but not limited to the following:
existing and proposed contours and grades; location of
improvements, structures, recreational facilities, and access
drives on a site plan; front, rear and side elevations for all
improvements; floor plans for all improvements; colors for all
exterior surfaces, including, but not limited to siding, brick,
roof and trim; plants and landscaping materials, and their
locations; any fences and/or walls; patios, decks, pools and
porches; parking areas; mail boxes; and such other data,
information or drawings as may be reasonably requested from time
to time by the Developer.
All plans submitted to the Developer for original
construction of a structure upon any Lot shall include a
description or plan of erosion control during the period of
construction which plan shall be designed to prevent the runoff
of dirt, mud, or other construction related debris on to any
adjoining Lot or right of way during the period of construction
and until the Lot is seeded or sodded.
Plans shall be approved or rejected by the Developer
within thirty (30) days after the Developer receives the plans
and all such other data, information or drawings as the
Developer reasonably requests.
If the Developer fails to take action on the plans within
the thirty-day period, the Owner may compel the Developer's
action by written notice to the Developer to approve or
disapprove the plans within fifteen (15) days after date of the
written notice. Such
notice shall be sent to the Developer by certified mail.
If the Developer fails to take action on the proposed
plans within the fifteen-day period, then the proposed plans
shall be considered approved and the Owner may commence
construction in accordance with the proposed plans.
3.
Basis for Approval/Rejection of Proposed Plans.
The Developer's approval/rejection of proposed plans for
construction shall be based upon the following factors:
a)
conformity and harmony of the plans and specifications
with natural features of the site, other structures within the
Properties, including structures on adjoining Lot(s), and with
the general intent of these restrictions; and
b)
view from the golf course to the Lot, if the lot adjoins
or is in proximity to the golf course known as "The
Bull", and
c) sufficiency of the
plan for erosion control during the period of construction; and
d)
compliance with the Minimum Architectural Standards, as
herein provided.
Appropriate color of exterior surfaces shall be
considered a vital factor in achieving the purposes of these
restrictions.
4. Developer
Immunity from Liability.
The Developer, its agents, committees, successors and
assigns, shall not be liable to any Person by reason of
mistakes, negligence, or nonfeasance arising out of or in
connection with the approval or disapproval of any plans for
construction submitted to the Developer.
Every Person who submits plans for construction to the
Developer shall hold the Developer, its agents, committees,
successors and assigns harmless from any and all liability
arising out of or in any way connected with the approval and/or
disapproval of all or any part of such plans.
ARTICLE III
Minimum Architectural Standards
1. Standards
Common to All Properties.
All lots within the Properties shall be subject to and
comply with the following architectural standards:
a)
Carports. There
shall be no carports attached or unattached.
b)
Foundation. There
shall be no exposed block or poured concrete on the exterior of
any residence and/or other improvements or structures. Brick
or stone must cover exterior foundation from grade to sill
plate.
c)
Pools. No
aboveground pools shall be erected, constructed or installed on
any Lot. Lighting
for in-ground pools shall be designed so as to buffer adjoining
residences from the lighting.
d)
Mailboxes. All
mailboxes shall satisfy applicable postal regulations and shall
be of uniform architectural design, in accordance with
specifications established by the Developer.
e)
Location of Improvements.
The location of the residence, any structures or
recreational facilities on the Lot shall be approved by the
Developer.
f)
Modular/Mobile Homes.
Except during initial construction within the Properties,
no tent, utility shed, shack, trailer, mobile home, modular
home, or other similar structure shall be placed upon a Lot or
any part of the Properties.
This restriction does not apply to permanent outbuildings
constructed on Lots with the approval of the Developer.
g)
Construction Material.
All construction material used shall meet or exceed
applicable building codes and regulations of Madison County,
Kentucky.
h)
Roof Pitch. No
roof on any residence shall have less than a 7/12 pitch.
i)
Landscaping Installation.
All landscaping shall be installed prior to the occupancy
of any residence, except that the Developer upon request by any
Owner may grant legitimate weather/seasonal variances of this
requirement.
j)
Drainage. Drainage
for each Lot shall be in conformity with the general drainage
plan for the Properties. No storm water drains, roof downspouts or ground water shall
be integrated into the sanitary sewer system, and all Lot
connections shall be made with watertight joints in accordance
with plumbing code requirements. Owner shall be responsible for
installation of erosion and sediment controls prior to the
beginning of construction or other improvements on a Lot.
k)
Easements. No
permanent structure shall be placed within the easements
provided for on the plats for the Properties.
Any plants or landscaping located within the easements
may be removed by the Association, its agents or assigns, at the
Owner's expense, as needed to make repairs or improvements to
utilities or roads within the easements.
l)
Fences. On
Lots where fences are allowed, the fences shall be four-rail
black, and the layout must be approved prior to installation.
2. Specific
Standards for Various Sections.
The Developer shall establish Specific Building Standards
for each Section of Boone's Trace Development, which standards
shall vary from Section to Section.
In addition to the commons standards listed above, each
Lot shall be subject to and comply with the Specific Building
Standards for that Lot. The
Specific Building Standards shall include mandatory guidelines
for the following:
a)
the minimum required living area for any residence,
exclusive of porches, open decks, basements, attics, and
garages;
b)
the type of fencing, if any, allowed;
c)
composition and surface requirements for driveways;
d)
the exterior building materials permitted on residences
and structures;
e)
the landscaping requirements for each Lot, including
whether sodding is required;
f)
barns and outbuildings authorized, if any, and the
requirements for such barns and outbuildings;
g)
the location of structures in relation to the golf course
property, if applicable;
h)
whether service utilities are to be underground;
i)
whether sidewalks are required, and if so, the
specifications for the sidewalks;
j)
building setback lines;
k)
parameters for vegetable gardens, if allowed;
l)
garage requirements, including size and location;
m)
such other requirements as the Developer shall determine
from time to time.
Upon the sale of Lot(s) by the Developer to a purchaser,
the Developer shall furnish to the purchaser the Specific
Building Standards applicable to the Section in which the Lot(s)
so purchased are located. From
time to time, upon request by an Owner, or his or her agents,
the Developer shall furnish a copy of the current Specific
Building Standards applicable to the Owner's Lot, to the Owner,
or his or her agents and assigns.
The Specific Building Standards established by the
Developer for each Section of Boone's Trace Development, as
amended from time to time by the Developer, shall be a part of
this Declaration, are included herein by reference, and shall be
binding upon the Owners, their heirs, successors, and assigns,
as if set forth at length herein.
3. Variances.
Until one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in the
normal course of development and sale, or until assigned by
Developer to the Association, the Developer may authorize
variances from compliance with any of the provisions of the
Minimum Architectural Standards Common to All Properties, or of
the Specific Building Standards for each Section, or in the
procedures for obtaining approval for any construction, when
desirable or necessary because of circumstances such as
topography, natural obstructions, hardship, aesthetic, or
environmental, or other such other considerations as the
Developer deems appropriate.
Such variances shall be effective, only if in writing,
and shall not stop the Developer from denying a variance in
other similar circumstances.
After one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in the
normal course of development and sale, or after the variance
approval function has been assigned by the Developer to the
Association, whichever event shall first occur, the Association
may grant variances on the same terms and conditions as
authorized herein for the Developer.
ARTICLE IV
Use Restrictions
The Properties shall be used only for residential, and
corresponding recreational, and related purposes (which may
include, without limitation, offices for any property manager
retained by the Association or business/sales offices for the
Developer or the Association), as may be more particularly be
set forth in this Declaration.
Standards and Restrictions governing the use of the
Properties shall be as follows:
1.
Signs. No sign of any kind, including signs advertising a Lot
"for sale", shall be erected within the properties,
without the written consent of the Association, except that the
Developer and/or the Association shall have the right to erect
signs as it deems appropriate, in its discretion, and one
“For Sale” sign (which shall not be greater in size than
nine (9) square feet),unless the Lot is on the golf course, in
which case one additional such sign may be erected on the golf
course side of the Lot.
2. Parking and Garages.
Vehicles shall be parked only in the garages or in the
driveways serving the Lots.
No parking shall be permitted on any street, except
temporarily for social gatherings held on a Lot.
Commercial vehicles, tractors, motor homes, recreational
vehicles, trailers (either with or without wheels), camper
trailers, horse trailers, boats and other watercraft, and boat
trailers shall be parked only in an enclosed garage or approved
outbuilding on the Lot.
3. Occupants Bound.
All provisions of this Declaration, By-Laws of the
Association, and any rules and regulations or use restrictions
promulgated pursuant thereto which govern the conduct of Owners
and which provide for sanctions against Owners shall also apply
to all occupants, guests and invitees of any Lot.
4.
Animals and Pets.
Horses may be kept in the Lots that make up the
Tanglewood Farm Section of Boone's Trace Development.
No more than three horses shall be kept on any one Lot
within the Tanglewood Farm Section. Horses shall not be allowed in any of the other Sections of
the Boone's Trace Development.
No other animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that each Lot Owner
may keep dogs, cats and other usual or common household pets.
Animals which are permitted to roam free, or in the sole
discretion of the Association endanger the health, make
objectionable noise, or constitute a nuisance or inconvenience
to the Owners of other Lots shall be removed upon request of the
Association; if the Owner fails to honor such request, the pet
may be removed by the Association.
No animals shall be kept, bred, or maintained for any
commercial purpose. Dogs at all times when they are outside a Lot shall be
confined on a leash, held by and under the physical control of a
responsible person.
5. Nuisance.
No portion of the Properties shall be used, in whole or
part, for the storage of any property or thing that will cause
it to appear to be in an unclean or untidy condition or that
will be unsightly to the eye; nor shall any substance, thing, or
material be kept upon any portion of the Properties that will
emit foul or obnoxious odors or that will cause any noise or
other condition that will or might disturb the peace, quiet,
safety, comfort, or serenity of the occupants of surrounding
property. No
noxious or offensive activity shall be carried on upon any
portion of the Properties, nor shall anything be done thereon
tending to cause embarrassment, discomfort, annoyance, or
nuisance to any person using any portion of the Properties.
6. Unsightly or Unkempt
Conditions. It shall be the responsibility of each Owner to prevent
the development of any unclean, unhealthy, unsightly, or unkempt
condition on his or her Lot.
The pursuit of hobbies or other activities, including
specifically, without limiting the generality of the foregoing,
the assembly and disassembly of motor vehicles and other
mechanical devices, shall not be pursued or undertaken on any
part of a Lot, except within enclosed approved outbuildings.
Each Lot owner shall keep his or her Lot mowed and clear
of weeds and debris, or if the Lot Owner fails to do so, the
Association shall have the right to mow and maintain the Lot and
to charge the cost of such maintenance to the Lot Owner, which
shall be levied and considered as a Special Assessment against
the involved Owner(s). .
7. Antennas.
No antenna shall be constructed upon any portion of a
Lot other than for the purpose of television signal reception.
No television antenna shall be constructed or allowed to
remain on any Lot which is not connected to the primary
residence thereon nor shall said antenna extend more than six
(6) feet above the roof line.
No satellite dish larger than twenty-two (22) inches by
forty-four (44) inches shall be permitted or located upon any
Lot, and any satellite dish permitted shall not be located in
the front yard or side yard abutting the side street (of a
corner Lot) of any Lot or be visible when the residence is
viewed from the street. Any
variance therefrom shall be considered as provided in Article
III, paragraph 3 above. The
term “front yard” means the space extending the full width
of the Lot between the main front wall of the residence and the
front Lot Line from the ground upward.
The term “side Yard” means the space between the side
wall of the residence and the side Lot line from the ground
upward excluding the front yard.
8. Clotheslines, Garbage
Cans, Tanks, and Similar Items.
No clotheslines, above-ground tanks, chain link
enclosures, or other similar items shall be placed, allowed or
maintained upon any portion of the Properties, including any
Lot, without prior written approval of Association.
All garbage cans shall be located or screened so as to be
concealed from view of other Lots, streets, and property located
adjacent to the Lot, except that garbage cans may be placed at
curbside on days designated for trash pick-up for that
particular Lot. All
rubbish, trash, and garbage shall be regularly removed from the
Properties and shall not be allowed to accumulate thereon.
9. Subdivision of Unit.
No platted Lot shall be subdivided or its boundary lines
changed except with the prior written approval of the
Association. Developer, however, hereby expressly reserves the right to
replat any Lot or Lots owned by Developer.
Any such division, boundary line change, or replatting
shall not be in violation of the applicable subdivision and
zoning regulations.
10. Firearms/Weapons.
The discharge or use of firearms or other weapons within
the Properties is prohibited.
The term "firearms" includes "B-B guns,
pellet guns, and other firearms of all types, regardless of
size. The term
"weapons" includes bows, crossbows and other
projectile weapons.
11. Drainage.
Catch basins and drainage areas are for the purpose of
natural flow of water only.
No obstructions or debris shall be placed in these areas.
Developer hereby reserves a perpetual easement across the
Properties for the purpose of altering drainage and water flow,
in accordance with good engineering standards.
No drainage ditches, cuts, swales, streams, impoundments,
mounds, dams or other physical improvements or elements of the
landscape or terrain which control or determine the location of
flow of surface water and drainage patterns may be destroyed,
altered or modified by any Owner, his or her agents, without
prior written consent of the Developer.
12. Air Conditioning Units.
No window air conditioning units may be installed on any
Lots without prior written consent of the Association.
All other exterior air conditioning units on a Lot shall
be screened so as not to be visible from the street.
13. Business/Home Occupations. No trade or business of any kind shall be conducted on any
Lot, except a home-based business with one employee (who is the
Lot owner), if the business does not require use of the common
areas for deliveries, parking, meetings, or for any other
purpose.
14.
Off-Road Vehicles.
No motorized off-road vehicles except golf carts,
including, but not limited to trail bikes, mini-bikes, go-carts,
three-wheelers, gators, ATVs, and snowmobiles, shall be used on
subdivision roads, easements, vacant lots or undeveloped
property within Boone’s Trace Development.
Golf carts may be used during daylight hours if operated
by a licensed driver in accordance with all regulations for
operating a motor vehicle on the road.
15.
Garage or Yard Sales.
No garage or yard sales shall be constructed or place
upon any Lot.
16.
Soliciting. No
soliciting shall be permitted on any Lot, unless approved in
advance by the Association.
17.
Traffic Control.
Each Owner, and such Owner’s occupants, guests,
invitees, permittees, agents and employees as a condition of
accessing the Properties, shall abide by the traffic control
signs/signals/devices, speed limits and other restrictions and
regulations regarding use of the roadways, and pay such
fine/charges as may be established from time to time by the
Association for violations thereof, which shall be levied and
considered as a Special Assessment against the involved Owners(s).
In keeping therewith, any vehicles parked on any street
in violation of Article IV, paragraph (2) above, shall be
removed upon request of the Association; and if the involved
Owner(s) fail(s) to honor such request, the vehicle may be
removed by the Association from such street and the cost thereof
shall be charged to such Owner(s), as provided in the
immediately preceding sentence.
18.
Damage to Common Areas and Association Improvements. Each Owner and such Owner’s occupants, guests, invitees,
permittees, agents and employees as a condition of accessing the
Properties, shall promptly pay the Association for any damage
done by such Person(s) to the Common Areas on the Properties
and/or improvements thereon or other improvements located
throughout the Properties, which are owned, installed or
maintained by the Association, including, without limitation,
any of the items mention in Article V, paragraph (2) below.
Any such damage amount shall be levied and considered as
a Special Assessment against the involved Owner(s).
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