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MOUNTAIN OAKS VILLAGE
THIS IS A SUMMARY OF PROPOSED RESTRICTIONS AND OTHER COVENANTS TO BE PLACED ON THE MOUNTAIN OAKS VILLAGE DEVELOPMENT IN HAMILTON COUNTY, TENNESSEE (THE “DEVELOPMENT”) WHICH RESTRICTIONS AND COVENANTS WILL BE INCLUDED IN AND BE A PART OF A MORE COMPREHENSIVE DECLARATION OF COVENANTS AND RESTRICTIONS FOR MOUNTAIN OAKS VILLAGE AND BY-LAWS FOR MOUNTAIN OAKS VILLAGE HOMEOWNER'S ASSOCIATION (THE “DECLARATION”). THE DECLARATION WILL BE RECORDED PRIOR TO THE SALE OF ANY LOT OR HOUSE IN THE DEVELOPMENT. THE DECLARATION WILL INCLUDE ADDITIONAL PROVISIONS, COVENANTS AND ITEMS NOT INCLUDED IN THIS SUMMARY AND THE RESTRICTIONS CONTAINED IN THIS SUMMARY ARE SUBJECT TO REVISION BY THE DEVELOPER. THIS SUMMARY IS GIVEN TO PROSPECTIVE PURCHASERS OF A LOT OR HOUSE IN THE DEVELOPMENT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT BINDING ON THE DEVELOPER. THE DEVELOPER RESERVES THE RIGHT TO REVISE THESE RESTRICTIONS AND TO INCLUDE ADDITIONAL RESTRICTIONS AND COVENANTS IN THE DECLARATION.
PROPOSED RESTRICTIONS :
1. All lots shall be used for residential purposes only and no structure shall be erected, altered, placed or permitted to remain on any lot other than one (1) single-family residence not to exceed two (2) stories in height. No lot shall be used for business or professional purposes of any kind or for any commercial activity including, but not limited to, day care centers or traditional home business.
2. No dwelling unit or other building or structure shall be erected or placed upon any lot and no dwelling unit or existing building or structure previously approved by the Developer shall be altered or modified until the construction plans and specifications and a plan showing the location of the building or structure are approved in writing by Developer. Dwelling units constructed in the Development, irrespective of architectural type, shall have minimum square feet of floor space and the heated living area thereof of at least one thousand three hundred (1,300) square feet, if one (1) level, and one thousand three hundred (1,300) square feet if two (2) levels. All dwelling units must have at least one (1) enclosed garage.
3. No fence or wall of any type shall be placed, constructed or allowed to remain upon any lot unless approved by Developer. Wire or chain link fences are prohibited. All proposed fences must be submitted to the Developer for approval of materials, location, height and design.
4. No animals, livestock, or poultry shall be raised or kept on any lot, except that two (2) dogs or up to three (3) cats may be kept as a household pet and providing that they are not kept for commercial purposes.
5. No antennae, towers of any kind, satellite signal receiving device or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be erected, used or maintained outdoors on any lot, except for satellite dishes of eighteen inches (18”) or less in diameter placed so as to not be visible from any street.
6. No dwelling unit shall be altered on the outside including color of paint and/or roof unless written consent shall be given by the Developer.
7. No more than one birdbath shall be permitted on any lot and shall be located to the rear of the dwelling unit.
8. Each wall which is built as a part of the original construction of the dwelling units upon the lots and placed on the dividing lines between the lots shall constitute a party wall and the general rules of law regarding party walls and liability for property damage from negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who made use of the wall in equal proportions to such use.
9. Each owner shall perform promptly all maintenance and repair work within such owner's dwelling unit which, if permitted, would affect the property in its entirety or in a part belonging to other owner(s) and each owner is expressly responsible for damages and liability which result from owner's failure to promptly perform such maintenance and repair work.
10. If a party wall is destroyed or damaged by fire or other casualty, any owner who uses the wall may restore it. If other owners make use of this wall, they shall contribute to the restoration cost in proportion to such use, without prejudice, however, to the right of any such owner to call for a larger contribution from the owner under any rule of law regarding liability for negligent or willful acts or omissions.
11. Annual termite contracts are to be kept in force by each owner with a pest control company of their choice
12. Owners shall promptly remove any deposits or wastes made by their pets upon the common properties or the properties of other owners. All pets must be leashed if walking on the property. Pets shall not be permitted to be a nuisance to the neighboring property owners.
13. No house trailers or mobile homes, campers or other habitable motor vehicles of any kind, school buses, trucks or commercial vehicles over one (1) ton capacity, shall be kept, stored, or parked overnight on the property. No recreational vehicles, boats, boat trailers, go-carts, motorcycles, four (4)-wheel vehicles or other vehicles or items, other than passenger cars and/or pickup trucks, shall be parked outside of the enclosed garage of a dwelling unit. No overnight parking of any vehicles whatsoever shall be permitted on the streets of the Development. Owners may not park their vehicles upon the property of other owners without the other owner's permission.
14. When not in use, garage doors on garages are to remain closed so as to prevent an unsightly view from adjoining landowners and passersby. When possible, all vehicles are to be parked inside the enclosed garage area. When not possible, they shall be parked in the driveway area and not in the yard area.
15. No outside clotheslines shall be placed on any lot.
16. There shall be no swimming pools placed on any lot and there shall be no detached buildings constructed on the lots, including, but not limited to, sheds, workshops or other out buildings, without the prior approval of Developer.
17. Holiday lighting decorations shall be limited to indoor window decorations. No outdoor lighting decorations shall be permitted except for low level non-excessive holiday lighting for the holiday period of Halloween through New Years Day.
18. All construction of dwellings, accessory structures and all other improvements on any lot shall be undertaken and completed in accordance with the following conditions:
(a) All construction shall be carried out in compliance with the laws, code rules, regulations and orders of all applicable governmental agencies and authorities. Construction shall equal or exceed requirements set forth by the Southern Building Code and Hamilton County .
(b) No exposed concrete blocks shall remain on any exterior wall above ground level, unless covered or finished with stucco. No stucco shall be permitted above twenty-four inches (24”) from the ground or such other height unless approved by Developer.
(c) All foundations shall be fully enclosed at the exterior walls; no pier-type foundations or unenclosed foundations shall be permitted.
(d) All driveways must be of concrete construction and shall be poured with a minimum thickness of four inches (4”). All driveways shall be not less than ten feet (10') in width, and shall run from the pavement line of the street frontage of each lot. All Lots must have a front sidewalk poured next to the street curb with a minimum thickness and a minimum width approved by Developer and shall be in conformity with the overall development of the Development.
(e) No poles for installation of private lighting shall be located or placed forward of the building setback line as shown on the recorded subdivision plats for the property or any portion thereof.
(g) All owner shall maintain their mailbox in accordance with the Developer's uniform design and construction requirements.
(h) No window air-conditioning unit may be located in any part of the dwelling unit or accessory structure that is visible from any street,
(i) No outbuildings or accessory structures shall be built or permitted to remain on any lot without the approval of the Developer.
(j) All front yards shall be sodded from the rear building line of the dwelling unit to the sidewalk. Shrubs shall be planted and maintained in accordance with the Developer's landscaping requirements.
24. No individual water supply (private wells) shall be permitted on any lot.
25. Landscaping of all lots shall be maintained as needed, whether said lots are improved or unimproved, which maintenance shall include, but not be limited to, mulching, mowing, the pruning and replacing of dead or diseased plants, trees and shrubs and the removal of all trash from said lot.
26. No playground or recreational equipment or structures, including, but not limited to, swing sets, basketball goals or trampolines, shall be permitted on any lot without the prior written approval by Developer; provided, however, swing sets and playground equipment shall be permitted in the backyard of any house located on a lot. Any such playground or recreational equipment or structures approved by Developer shall be located on the lot in the area approved by Developer and may not be relocated without Developer's approval. The owner shall maintain any such playground or recreational equipment or structure in a state of good repair and in the event the owner fails to do so, Developer shall have the right to enter the Lot and to make such repairs at the expense of the owner or to otherwise remove such equipment or structure. The owner shall promptly reimburse Developer for all expenses incurred pursuant thereto upon demand.
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