COVENANTS

Article IV - The Cordova Club

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Cordova Club Owner's Association
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ARTICLE IV

 

Property Rights: Single-Family Residential Lots ~ Restrictive Covenants and Obligations

 

4.1       Lots within the Single-Family Residential Area shall be for the exclusive use and benefit of the Owners thereof and shall be restricted to Single-Family Residential Use, subject, however, to all of the following limitations and restrictions, in addition to those elsewhere herein set forth.

4.2       Dwelling Size.

            (a)        A-1 Lots. The living area of the main structure on any A-1 Lot exclusive of basement, garage, patios, porches which are not totally enclosed and outbuildings, shall not be less than 2,600 square feet. For a Dwelling Unit of more than one story, the ground floor shall not be less than 1,800 square feet.

            (b)        A Lots. The living area of the main structure on all A Lots (other than A-1 Lots) exclusive of basement, garage, patios, porches which are not totally enclosed and outbuildings, shall not be less than 2,400 square feet. For a Dwelling Unit of more than one story, the ground floor shall not be less than 1,600 square feet.

            (c)        B Lots. The living area of the main structure of any B Lot exclusive of basement, garage, patios, porches which are not totally enclosed and outbuildings, shall not be less than 2,000 square feet. For a Dwelling Unit of more than one story, the ground floor shall not be less than 1,200 square feet.

            (d)        C Lots. The living area of the main structure of any C Lot exclusive of basement, garages, patios, porches which are not totally enclosed and outbuildings, shall not be less than 1,800 square feet. For a Dwelling Unit of more than one story, the ground floor shall not be less than 1,100 square feet. C Lots may conform to Zero Lot Line Lots, as "Dwelling, Single Family Attached" in Memphis and Shelby County Zoning Ordinance of January 1981.

            No construction of a Dwelling Unit shall be commenced prior to the approval of the plans and specifications therefor by the Architectural Committee pursuant to Article VI hereof. The construction of any Dwelling Unit shall be completed (as evidenced by the issuance of a Certificate of Occupancy therefor) within one (1) year following the date of the commencement of the construction thereof. For purposes of this Declaration, the "commencement of construction" of a Dwelling Unit shall be deemed to be the date on which any work is performed on a Lot in preparation for the construction of a Dwelling Unit, except for routine cleaning of such Lot. The maximum one year period provided for completion of construction, may be extended by the Architectural Committee upon receipt of a written request detailing circumstances prohibiting completion within the one year period. Any construction of a Dwelling Unit not completed within one year from commencement of construction or by the expiration of the extension period, if any, (date as determined by the Architectural Committee), may be subject to the following remedies of the Declarant:

            (a)        Declarant may file a civil complaint in a court of competent jurisdiction requesting a court ordered mandatory injunction;

            (b)        Declarant may enter the Lot and demolish the Improvement with all cost of demolition to be borne by the Lot Owner secured by a lien against the Owner's Lot hereby granted, conveyed and reserved;

            (c)        Declarant may enter the Lot and complete the Improvement with all cost of completion to borne by the Lot Owner secured by a lien against the Owner's Lot hereby granted, conveyed and reserved;

            (d)        Declarant may repurchase the Lot and the incomplete Improvement thereon at a price to be determined by an MAI real estate appraiser of Declarant's choosing, the appraisal of whom shall be determinative and final.

            The Declarant is not limited to the foregoing remedies and may, at its option, choose any one or more of the foregoing remedies or any other remedy available to it in law or at equity.

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4.3       Building Height Restrictions. Building Height Restrictions shall conform to Definition Section 202, and Modification 402.2.1 of Standard Building Code (attached as Exhibit B) and Clarification of Memphis and Shelby County Office of Code Enforcement, December 4, 1990, to letter of Cordova Club of November 29, 1990, (attached as Exhibit B-1) and Official Illustrations Page 189 of Memphis and Shelby County Zoning Ordinance, Figure 1 "Illustration of Building Height", (attached as Exhibit C).

 4.4      Building Lines. Minimum building setback lines for all Lots shall be as follows and as illustrated in attached Exhibit D, "Illustration of Required Yards".

            (a)        Front: Thirty feet (30') as measured from all points along the Front Lot line from any Alternate Design Minor Local Street and forty feet (40') from any Collector or Arterial Roadway.

            (b)        Side:  Sideyard setback areas shall, at a minimum, total twenty percent (20%) of the area of the Lot; provided that no sideyard setback shall be less than five feet (5') as measured from all points along any side Lot line. Side yards shall be calculated for areas from front to rear lot lines, and for the purpose of calculation of 20% of the lot area, side yard shall include those areas within the required rear lot clearance from the rear lot line and front lot clearance from the front lot line.

            (c)        Rear: All "A" Lots and any Lot abutting or adjoining the Golf Course shall have a rear setback of not less than twenty feet (20') measured from all points of the rear lot line. All other Lots shall have rear setback lines not less than twenty five feet (25') from rear lot line as required by Memphis and Shelby County Zoning Ordinance.

            (d)        Exceptions: On other than Lots adjoining or abutting the Golf Course, Accessory Buildings, approved by the Architectural Committee for design and location, may be constructed in strict accordance with Chapters 27, 28, and 29 of the above mentioned Zoning Ordinance.

            In no event, however, shall building setback lines (front, rear and side) be (i) less than those required by applicable ordinances and regulations or (ii) no less than those shown on The Cordova Club P.D., as amended from time to time. The Declarant reserves unto itself, its successors and assigns, and the Architectural Committee the right to control, absolutely, the precise location of any structure upon all Lots with particular emphasis on front setbacks to create various setbacks on adjoining lots. Such location shall be determined only after reasonable opportunity has been afforded to an Owner to recommend a specific location.

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 4.5       Windows. No building shall be erected on any Lot wherein there shall be installed any window or window framing fabricated in whole or in part of metal which shall have other than a matte finish.

            (a)        Window frames and framing other than wood will be either anodized or electrostatically painted. Window frames and framing will be in color harmony with the exterior color and texture of the residence. No natural aluminum color or any other silver tone will be permitted for window framing.

            (b)        Wood frames and framing will be painted, sealed or stained or shall have shop manufactured metal or vinyl cladding, colors of which shall conform to Paragraph 4.5(a).

            (c)        The use of reflective glass will be restricted to those types with less than 10% outdoor reflectance and be of gray, bronze or neutral shades. No silver, gold, blue, green or highly mirrored surfaced glass will be allowed.

            (d)        Windows situated in any garage wall facing a public or private street shall be covered by interior grade draperies, shutters or blinds.

4.6       Building Materials. All exposed flashing materials shall be of copper or copper colored material. All exposed roofing materials shall be "architectural style" shingles. All other exterior building materials shall be strictly controlled by the Architectural Committee and must be approved as to composition, usage and facade coverage ratios.

4.7       Garage.

            (a)        Each dwelling unit must have a private, fully enclosed garage for not less than 2 nor more than 4 automobiles each to be equipped with a sliding or roll-up garage door with automatic opener. No garage may have an entrance which may be seen from the Golf Course. No garage shall be constructed having its garage door-face generally parallel to the front setback line of its Lot unless such garage door is sixty feet (60') or more from that front setback line at all points; UNLESS the Lot is a down hill gradient lot and the garage floor at the door-face is not less than five feet, four inches (5'4") below the level of the main living floor, in which case such garage door may be forty feet (40') from the front setback line. Houses constructed on uphill lots shall not have a garage door-face closer than forty feet (40'0") from the front property line or ten feet (10") behind the front setback line and be not more than seven feet (7') below the main floor elevation.

            (b)        Garages having garage doors located essentially at right angles to the front setback line, and not less than forty five degrees to the nearest front setback line, will be considered as not fronting on the street, provided that Lots situated on a corner of intersecting streets may be relieved of such restriction upon the written approval of the Architectural Committee.

            (c)        Garages entered from private alleys shall have their garages entered from the garage side at right angles to the line of the rear lot line whenever possible. Each Owner shall keep his garage doors closed and shall not leave the interior of his garage open to public view, except when necessary for movement of motor vehicles and other permitted items stored therein. This prohibition against allowing a garage door to remain open shall be strictly construed.

Each Owner shall keep his garage in a neat and orderly condition with all storage areas completely enclosed. Garages shall be used only for the parking of motor vehicles, storage and hobby workshop purposes.

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4.8       Landscape Design. Appropriate construction procedures should be followed to protect and preserve desirable trees, shrubs and other landscaping which may exist on the construction site or on adjacent or nearby sites. Mature vegetation should, whenever practical, be preserved to give the landscape design an established appearance.

            (a)        Stockpiling of any building materials shall not be allowed within the drip line of trees. Cutting, filling or any ground disturbances shall not be allowed within the drip line of existing trees.

            (b)        Temporary erosion control shall be required on site during construction. Hay bales, silt fences, and/or over-seeding annual grasses will be required when necessary in the sole discretion of the Declarant.

            (c)        Burning shall not be allowed. Damaged plant materials on a Lot shall be replaced by Owner with plant materials comparable to those damaged.

            (d)        Irrigation systems are preferred to be underground.

4.9       Landscape Installation. Each Owner shall be required to maintain his Lot in a consistently neat and attractive manner beginning from the date of purchase. Permanent and complete landscaping for each Lot not initially landscaped by Declarant, shall be installed, planted and completed by each Owner within ninety (90) days (weather permitting), after the Dwelling Unit on such Lot has been completed in accordance with the building plans as approved by the Architectural Committee. Each Owner shall maintain all landscaping located on his Lot in a neat and orderly condition and shall replace any diseased or dead lawn, trees, or ground cover and shall keep the lawn area neatly mowed. Nothing herein shall obligate the Declarant to landscape any portion of the Property.

4.10     Landscape Maintenance. Grass, weeds and other ground cover on each Lot shall be kept mowed and cleared at regular intervals by the Owner thereof so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants shall be pruned, clipped, cut and maintained so as to keep such landscaping consistent with other developed and landscaped Lots on the Property and with the custom of the majority of the Lot Owners. Dead vegetation of any kind shall be promptly removed from a lot. Until a residence is constructed on a Lot, Owner may maintain his in its natural state consistent with this Article IV. No hedge or shrub shall be allowed to exceed six (6) feet in height.

4.11     Tree Cutting. No trees which are six (6") inches or more in diameter (when measured by caliper at a point on its trunk which is 24 inches from the ground at its base), shall be severed from the Property without the prior written approval and consent of the Architectural Committee. Any tree of 6" caliper or larger cut down without the prior approval and consent of the Architectural Committee shall be replaced, by the Owner at his expense, with a tree of like species, of equal quality and size.

4.12     Maintenance of Lot Drainage. Slope areas within any Lot shall be maintained continuously by the Owner thereof in a neat, orderly, and safe condition and in such a manner as to enhance their appearance, maintain established drainage courses (as delineated on the approved grading plans), prevent erosion and sliding problems, and to facilitate the orderly discharge of water through drainage systems. No structure, planting, or other material shall be placed or permitted to remain or other activities undertaken on any Lot which might damage or interfere with established drainage courses, create erosion or sliding problems, or interfere with established drainage courses, functions or facilities.

4.13     Hard Surface Paving Materials. Driveways and walkways shall be composed of exposed aggregate concrete, "Bomanite" (or similar material) or individual pavers no larger than one square foot in area. Concrete, Bomanite, pavers or other hard surfaces shall not be of white or near white color. Asphalt shall not be allowed for driveway or walkway surfaces. On all hard surface paving materials requiring expansion joints, such joints shall be 1" x 4" or 2" x 4" treated wood or other rigid material of equal or better quality

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4.14     Fences. All fences and walls are to be made of wood, masonry, stucco or ornamental metal material. No fence shall be erected nearer to a street than the applicable building setback line. Fence surfaces shall be of finished materials on all sides.

            (a)        With respect to all Lots adjoining the Golf Course, no fence, wall, berm, mound, shrub or plant (other than trees) exceeding thirty inches (30") in height from the undisturbed soil on which it rests may be situated on such Lots closer to the rear Lot line than any point along the building setback line of such Lot.

            (b)        No fence, wall, berm, mound, shrub, hedge or plant (other than trees) or other structure intended as a full or partial visual or physical barrier shall be erected or maintained on any Lot, other than as may be initially installed by Declarant, unless first approved, in writing, by the Architectural Committee.

            (c)        No fence, wall, berm, mound, shrub, hedge, or plant (other than trees which are not intended to create a visual barrier) which obstructs sight lines at elevations between 2 and 6 feet above the roadways will be placed or permitted to remain in any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines (unless a greater distance is prescribed by ordinance), or in the case of a rounded property corner, from the intersection of the street lines extended. No corner Lot shall have a driveway closer to the intersection than 25 feet unless a greater distance is prescribed by ordinance. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.

            (d)        Nothing herein contained, however, shall prohibit Declarant from erecting any fence, wall or other structure or planting required or suggested by the CORDOVA CLUB P.D. or any governmental authority or regulatory body or which Declarant deems desirable from time to time, including, but not limited to, the erection of earthen berms and fencing along those Lots which are situated along Cordova Road within the ten foot (10') planting and landscape easement along Cordova Road.

            (e)        Except for such structures erected by the Declarant,no fence, wall, berm, mound or plant (except trees) intended as a full or partial visual or physical barrier shall be erected or maintained on any Lot when such can be seen from any point within Cordova Road.

            (f)        Nothing herein contained, however, shall prohibit the erection and maintenance of a wall or fence which shall be necessary at any point along those Lots containing or immediately contiguous with a "security" gate structure maintained with respect to private streets established or to be established in accordance with the CORDOVA CLUB P.D.

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4.15     Swimming Pools.

            (a)        All swimming pools must be sunken into and be an integral part of the yard and the deck surrounding the pool. No pool shall have its upper level more than twelve inches (12") above the adjacent grade. No above ground pools are permitted. Swimming pools, hot tubs, spas and other similar structures and all equipment attendant thereto (e.g. mechanical, diving boards) shall be shielded from view so that they may not be seen from public and/or private streets and the Golf Course. Slides and other recreational pool entry equipment are allowed only with prior written consent of the Architectural Committee.

            (b)        Any fencing which may be required by governmental or regulatory authority shall be approved by the Architectural Committee. No chain link fence of any design or finish will be permitted. With respect to any Lot adjoining the Golf Course, no pool, hot tub, spa or other similar structure may be erected or maintained closer than (i) twenty-five feet (25') to any point on the rear property line of such Lot without the prior written consent of the Architectural Committee. All Lot Owners upon taking title to any lot adjoining the golf course, understand and agree that every effort shall be made by such Lot Owners to maintain a quiet and noise free Golf Course, especially in teeing and green areas. Therefore, the Architectural Committee is hereby granted maximum latitude and discretion in approving or denying the proposed location and use of any pool, hot tub or spa to be situated on any Lot adjoining the Golf Course. No action of the Architectural Committee with regard to pools, spas or hot tubs shall subject the Architectural Committee to any liability whatsoever, no representation as to the right to build or maintain a pool, hot tub or spa being granted or implied hereby.

            (c)        With respect to all Lots in Phase I, Section A and Section B of the CORDOVA CLUB P.D., only hot tubs, spas, and pools commonly known as lap pools shall be permitted. The determination as to whether a particular structure is a hot tub, spa or lap pool shall rest solely with the Architectural Committee, the decision of which shall be final and no such determination shall have a precedential effect upon a future determination.

4.16     Fire Escapes. Exterior fire escapes shall not be allowed. Exterior stairs which are a part of the architectural design approved by the Architectural Committee shall be permitted.

4.17     Proximity to Road. Excluding mail boxes, vegetation and light posts or other similar structures, all of which shall have been approved by the Architectural Committee, no permanent vegetation or structure of any kind shall be allowed within ten (10') feet of any public or private roadway directly contiguous with any Lot.

4.18     Improvements, Alterations and Repairs. No improvements, repair, excavation or other work which in any way alters the exterior appearance of any Dwelling Unit, Lot, or the Improvements located thereon from its natural or improved state, shall be made or done without the prior approval of the Architectural Committee pursuant to the terms of Article VI hereof.

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4.19     Single Family Residential Use. No Lot shall be used for other than private residential purposes.

4.20     Rental of Dwelling Units. An Owner shall be entitled to rent the Dwelling Unit situated on his Lot to a single Family, provided that such rental shall not be for a term less than ninety (90) days nor more than three (3) years and provided further that no Owner may lease less than his entire Dwelling Unit. Any rental or lease of a Dwelling Unit shall be subject to this Declaration. Each tenant or lessee shall be provided with a copy of this Declaration by the Owner. An Owner renting or leasing a Dwelling Unit shall at all times be responsible for his tenant's or lessee's compliance with all of the provisions of this Declaration in the occupancy and use of the Dwelling Unit.

4.21     Insurance. Nothing shall be done or kept on any Lot or the Common Area which shall increase the rate of insurance relating thereto without the prior written consent of the Declarant and no Owner shall permit anything to be done or kept on his Lot or the Common Area which would result in the cancellation of insurance on any Dwelling Unit or on any part of the Common Area or which would be in violation of any law. No Owner shall store any dangerous explosives or flammable liquids in his Dwelling Unit or other Improvements on his Lot or in the Common Area except that five (5) gallons or less of gasoline may be kept for lawn mower use so long as it is maintained in a spill-proof container which is consistent with applicable laws and regulations.

            (a)        All Owners shall maintain a policy or policies of insurance which shall insure such Owner(s) against loss occasioned by fire, earthquake and other hazards which are commonly covered by such policies of insurance issued in Shelby County, Tennessee, such coverage to be in an amount of not less than the replacement value of the improvements on an Owner's Lot. Unless otherwise required by the holder or beneficiary of a first Mortgage in connection with any Lot, all proceeds of such insurance shall be used for the repair and replacement of the improvements which suffer a loss covered by such insurance. In the event that the insurance proceeds are insufficient to complete such repair and/or replacement, the Owner shall pay in advance such additional sums as may be necessary to complete such repair and/or replacement. In the event said Owner does not commence such repair or replacement within a reasonable time, such reasonable time not to exceed three (3) months, the Declarant, and/or the Association, may:

                        (i)         file a civil complaint in a court of competent jurisdiction requesting a court ordered mandatory injunction;

                        (ii)        enter the Lot and demolish the Improvement with all cost of demolition to be borne by the Lot Owner secured by a lien against the Owner's Lot hereby granted, conveyed and reserved in favor of the Declarant and the Association;

                        (iii)       enter the Lot and complete the Improvement with all cost of completion to be borne by Lot Owner secured by a lien against the Owner's Lot hereby granted, conveyed and reserved in favor of the Declarant and the Association;

                        (iv)       may repurchase the Lot and the incomplete Improvement thereon at a price to be determined by an MAI real estate appraiser of Declarant's or the Association's choosing, the appraisal of whom shall be determinative and final. The Declarant and/or Association is not limited to the foregoing remedies and may, at its option, choose any one or more of the foregoing remedies or any other remedy available to it in law or at equity.

            (b)        Owners may carry other insurance for their benefit and at their expense.

4.22     Declarant's Facilities. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant to maintain, during the period of the sale of said Lots, upon such portion of the Property as Declarant deems necessary or desirable, such facilities, as in the sole opinion of Declarant may be reasonably required for or convenient or incidental to the sale of Declarant's Lots, including, but without limitation, a business office, storage area, construction yard, signs and sales office.

4.23     No Noxious, Offensive, Hazardous or Annoying Activities: No noxious or offensive activity shall be carried on upon any part of the Property which is or may become a nuisance or cause disturbance or annoyance to others. No sound shall be emitted on any part of the Property which is unreasonably loud or annoying. This prohibition shall include but shall not be limited to noise and annoyance created by sport activities which take place on any Lot. No odor shall be emitted on any part of the Property which is noxious or offensive to others.

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Without limiting the scope of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security alarm devices with timer reset switches used exclusively for security purposes, shall be located, used or placed on a Lot or any structure thereon constructed.

4.24     No Unsightliness. No unsightliness shall be permitted on any part of the Property. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the Property, nor shall any Owner hang, erect, affix, mount or place anything upon any of the Property, and nothing shall be placed on exterior walls or roofs or in windows or on doors of the Improvements which would create an unsightly appearance.

4.25     Exterior Lighting. All outdoor lighting shall be directed so as to avoid glare and excessive light spillage on adjacent property and fronting streets. All questions pertaining to "glare" and/or "excessive light spillage", shall be determined in the sole discretion of the Architectural Committee.

            (a)        A lighting plan describing exterior illumination layout and fixture selection must be approved through the Architectural Committee prior to construction.

            (b)        Exterior building lighting shall have concealed sources of illumination and maintain lighting levels consistent with the recognized standards of the lighting industry for residential lighting.

            (c)        All light sources shall have a white color within the color temperature range of 2700 degrees to 4500 degrees. Golden, yellow, blue, or reddish light sources shall not be permitted except for "bug lights". "Bug lights" shall be permitted in backyards only.

            (d)        Exterior lights on poles or mounted on buildings shall direct light downward and not horizontally.

            (e)        No lighting of a patio, pool or other recreation area will be installed without the written approval of the Architectural Committee and if approved, will be designed for recreation character so as to buffer surrounding residences from all lighting.

            (f)        Security lighting fixtures shall not project above the fascia or roof line of the building and are to be shielded. The shields shall be painted to match the surface to which it is attached or be a part of an approved color scheme. Light source shall be directed downward.

            (g)        Mountings and locations of all exterior lighting fixtures shall be approved by the Architectural Committee prior to construction and/or modifications.

            (h)        No exterior light will be installed or maintained on any Lot which light is found to be objectionable by the Architectural Committee. Upon being given notice by the Architectural Committee that any exterior light is objectionable, the Owner of the Lot on which same is located will immediately remove said light or have it shielded in such a way that it is no longer objectionable.

            (i)         Holiday decorative lighting shall not be installed or maintained earlier than Thanksgiving Day and must be removed by the next following January 8.

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4.26     Signs. No signs whatsoever (including but without limitation, commercial, political and similar signs) which are visible from neighboring property shall be erected or maintained on any Lot or any other area of the Project, except the following:

            (a)        Such signs as may be required by legal proceedings;

            (b)        Name and address signs, subject to the approval of the Architectural Committee as to suitability;

            (c)        During the time of construction or marketing of a newly constructed Dwelling Unit or other Improvements by individual Builders, identification signs regarding financing and construction and Project marketing signs;

            (d)        Not more than one double faced "for sale" or "for rent" sign not exceeding five (6) square feet in size per side. Any such signs shall be attractive and compatible with the design of the Project (to be determined in the sole discretion of the Architectural Committee), and shall comply with all applicable laws and ordinances.

            (e)        Lighting for all signs shall be indirect with the source of light concealed from direct view.

            (f)        Declarant shall be exempt from the this Paragraph, 4.25.

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4.27     Motor Vehicles, Trailers, Boats; Storage Structures.

            (a)        No motorized or non-motorized vehicle of any kind may be parked, stored or kept upon any Lot except within an enclosed garage; provided that the following exceptions shall apply:

                        (1)        A third (in the case of two car garages), or fourth (in the case of three car garages) or fifth (in the case of four car garages) personal sedan or coupe automobile which is owned and/or used by a Lot owner or a member of that person's immediate family residing in the Dwelling Structure on such Lot, shall be permitted to be parked wholly within a paved parking space, on the Lot, which is suitable for such parking; and

                        (2)        Motor vehicles of social guests of a Lot Owner may be temporarily parked upon a paved portion of that Owner's Lot or in a legal manner upon the streets of the Project.

            (b)        No motor home, boat, aircraft, land conveyance, trailer, permanent tent, or similar structure, permanent storage structure, truck camper or recreational motor vehicle shall be kept, placed, maintained, constructed, reconstructed or repaired, upon any Lot or street within the Project in such a manner as shall be visible from other Lots, public or private streets, Common Areas or the Golf Course.

            (c)        No motor vehicle, boat, trailer, aircraft or other vehicle shall be constructed, reconstructed or repaired within the Project in such a manner as will be visible from other Lots, public or private streets, Common Areas or the Golf Course; provided, however, that the provisions of this section shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any work or Improvement approved by the Architectural Committee.

            (d)        No commercial, industrial, or trade vehicles, of any nature, shall be parked or stored on any Lot or on the streets of the Project, except for commercial, industrial, or trade vehicles providing services to the Owners of Lots and in that event only for the duration necessary to provide such services, except that a trade vehicle owned or used by a Lot owner or a member of his immediate family may be parked wholly within an enclosed garage.

4.28     Trash, Garbage, Waste. All garbage, gardening materials, accumulated waste, dead or severed plant material and trash shall be placed in and kept in covered containers. All trash, garbage, waste and materials of a similar nature and containers for the containment thereof, used on a particular Lot shall not be visible from other Lots, public and private streets and Common Areas and the Golf Course except as may be required for public or private collection services. All rubbish, trash, debris or garbage shall be regularly removed from each Lot and the Common Area and shall not be allowed to accumulate thereon.

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4.29     Pets. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot within the Single-Family Residential Area or within the Common Area except that two (2) generally recognized domestic (e.g., dog or house cat) household pets may be kept, but not bred, on a Lot within the Single-Family Residential Area but only if they are kept, or raised solely as household pets for private use, are not maintained for any commercial purposes and are of reasonable size considering the size of the Project and the proximity of the Dwelling Units. No household pet shall be allowed to make an unreasonable amount of noise, to create an unsanitary condition, or otherwise become a nuisance. No pet shall be permitted outside of the Lot of the Owner of the pet, unless the pet is under the control of a reasonable person by means of a leash or other reasonable restraint which shall be no longer than six (6) feet in length. Each Owner shall prevent its pet from soiling walks, paths, other Lots, and all portions of the Common Area and, if so soiled, shall immediately clean and properly dispose of such waste.

4.30     Structures for Animals. All structures for the care, housing, fencing, and/or confinement of any household pet shall be maintained so as to render same invisible from other Lots, public and private streets, Common Areas and the Golf Course.

4.31     Storage Areas. All equipment, permitted outbuildings or sheds, garbage cans, wood stacks, brick stacks and storage areas shall be kept screened by adequate planting or fencing so as to conceal them from view from public and private streets, other Lots, Common Areas and the Golf Course.

4.32     Antennae, Dishes, etc. Without prior written approval and the authorization of the Architectural Committee no exterior television or radio antenna, dish or other similar device may be erected, placed, allowed or maintained upon any portion of the Property or Improvements to be located upon the Property nor upon any structure situated upon the Property. The Architectural Committee shall be empowered to decide upon and dictate particular placement and structure of such device as a condition to approval, subject to the provisions of applicable laws, codes, ordinances and regulations. In the event that approval for such structures is granted, all such structures shall be completely screened from view from other Lots, public and private streets, Common Areas and the Golf Course.

4.33     Storage of Building Material. No building material of any kind or character shall be placed or stored upon any portion of a Lot until the Owner of the Lot has commenced the construction of Improvements. Such building materials shall not be placed or stored in the public or private streets, upon any Common Area or upon the Golf Course. In the event that the construction of Improvements shall cease for a period of fifteen (15) days for reasons other than weather conditions, all such building materials shall be forthwith removed by Owner, and if not promptly removed by Owner, then by Declarant, at Owner's expense.

4.34     Gardening. Vegetable gardening will be allowed only in rear yards of Lots; except that no vegetable gardening will be allowed on (i) those Lots which shall be contiguous with the Golf Course (ii) those Lots which have rear yards visible from the Golf Course or (iii) those Lots abutting Appling or Cordova Roads.

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4.35     Lawn Ornaments. No lawn ornaments of any kind will be permitted in yards facing public or private streets, Common Areas or the Golf Course without the written consent of the Architectural Committee. The design and location of fountains and other landscaping features must be approved by the Architectural Committee.

4.36     Utility Service. No Lot owner shall erect lines, wires or other devices for the communication of transmission of electric current or power, including telephone, television and radio signals, anywhere in or upon any Lot unless the same are contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or any other approved structures. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved buildings.

4.37     Clothes Drying Facilities. No outside clothes lines or other outside clothes drying or airing facilities or devices shall be maintained on any Lot, unless the Architectural Committee finds such facilities to be adequately concealed so as not to be visible from other Lots, Common Areas, public or private streets and the Golf Course. All such installations must have prior approval by the Architectural Committee.

4.38     Barbecues and or Gas Firepits. There shall be no exterior fires whatsoever except wood or gas fueled barbecue fires wholly contained within receptacles designed for such purposes and equipped with burners for such purpose. All such devices shall be situated in such a way as to render them invisible from other Lots, public and private streets.

4.39     Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may be approved by the Architectural Committee.

4.40     Basketball Standards. No basketball standards, backboards or goals, or other fixed sports apparatus shall be attached to any Dwelling Unit or garage or erected on any Lot without the prior approval of the Architectural Committee. In no event shall any of the above be constructed closer to the street than the building set back line. Sports apparatus on any Lot shall not be utilized in a way, or at such times, so as to create excessive noise and/or annoyance to neighboring Lots, public and private streets Common Areas or to persons utilizing the Golf Course.

4.41     Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any other earth substance or other mineral of any kind except in connection with the preparation of a Lot for approved construction thereon.

4.42     Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot or any other area of the Project, except such machinery or equipment as is usual and customary in connection with the use, maintenance or construction of a Dwelling Unit or appurtenant Improvements in the Project.

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4.43     Diseases, Insects and Pests. No Owner shall permit any thing or condition to exist upon his Lot which shall induce, breed, or harbor infectious plant diseases, noxious insects or pests.

4.44     Temporary Occupancy. No trailer, basement of any incomplete building, shack, garage, and no temporary building or structure or other temporary Improvement of any kind shall be used at any time for a residence, either temporary or permanent or situated on a Lot for any other purpose without the prior approval of the Architectural Committee. Temporary buildings or structures used during the construction or improvement of a Dwelling Unit shall be expressly approved by the Architectural Committee and shall be removed immediately after the completion of construction. No Dwelling Unit shall be occupied until a Certificate of Compliance has been issued by the Architectural Committee, recorded by the Owner and a Certificate of Occupancy has been issued by Memphis/Shelby County Regulatory Authorities.

4.45     Restrictions on Further Subdivision. No Lot shall be further subdivided nor shall less than all of any such Lot be conveyed by an Owner thereof. No easement shall be conveyed, granted or reserved without the prior written approval of the Architectural Committee. Without limiting the scope of the foregoing, Declarant shall be exempt from the restrictions of this Paragraph 4.45. Nothing herein contained in this paragraph 4.44 shall be construed as preventing an Owner from transferring a portion of a legal interest in the whole of a Lot.

4.46     Additional Deed Restrictions. Declarant reserves unto itself the right to impose additional and separate restrictions at the time of sale of any of the Lots sold by the Declarant which said restrictions may not be uniform, but may differ from Lot to Lot.

4.47     Right of Entry. Upon forty-eight (48) hours written notice (emergencies excepted) and during reasonable hours Declarant or any member of the Architectural Committee, or any authorized representative of any of the foregoing, shall have and is hereby granted the right and such right is hereby reserved to enter upon and inspect any building site, Dwelling Unit, Lot and the Improvement thereon as necessary in connection with construction, maintenance or emergency repair for the benefit of the Property, and such persons shall not be deemed guilty of, or liable for, trespass by reason of such entry.

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4.48     Maintenance and Repair. No Improvement on any Lot shall be permitted to fall into disrepair. All Dwelling Units and Improvements, including without limitation structures, buildings, outbuildings, walls and fences situated on a Lot shall at all times be maintained in good condition and repair by the Lot Owner and shall be well and properly painted or stained. Prior written consent of the Architectural Committee shall be obtained before any exterior painting or refinishing of a Dwelling Unit or exterior appurtenances thereto is performed. No Owner shall do any act or work that will impair the structural soundness of any Dwelling Unit or Improvements or the safety of the Property.

4.49     Failure to Maintain. In the event that an Owner shall fail to maintain his Lot either in whole or in part, the Declarant and/or the Association through its Architectural Committee shall provide to Owner written notice of such non-compliance and shall afford Owner a reasonable time, not to exceed thirty (30) days from the date of such notice, within which Owner must take all necessary actions to comply with the requirements. Such actions may include, but are not limited to, alteration, addition, modification or demolition of a structure, re-painting or removal of non-conforming objects, signs, fences, etc. Should Owner fail to complete such corrective action within the reasonable time allotted, the Declarant or the Association through its Architectural Committee may, without further notice, through its agents, contractors and employees, enter upon said Lot and take all reasonable corrective actions and the expense for same shall be borne by the Owner and secured by the lien against the Owner's interest in the Lot and improvements thereon provided herein, the provisions of such Articles to be applicable hereto.

4.50     Golf Course Maintenance; Waiver. Declarant and all Lot Owners acknowledge and agree that the Lot or Lots owned by them abut or are located near a Golf Course which currently consists of eighteen holes and usual amenities thereto. It is further acknowledged and agreed that certain activities of golf play, related recreation, maintenance, repair, redesign and refurbishing will take place upon and around such Golf Course facility; that, by necessity, such activities may take place at early or late hours of each day and may create periodic episodes of noise and adverse conditions which may affect the Lots and the Owners thereof. Declarant, its successors and assigns shall, within the normal and customary requirements and constraints of Golf Course management, use reasonable effort to minimize, if possible, the effects of such activities upon the Lots and the Lot Owners. By acceptance of delivery of its deed upon the Lot or Lots owned by it, each Owner relieves Declarant, its successors and assigns and all employees thereof and contractors therewith of any and all liability in the conduct of such activities (except for personal injury or property damage proximately caused by such activities) and waives all rights such Lot Owner may have, now or in the future, to legal or equitable relief with regard to such activities.

4.51     Errant Golf balls. Each and every Lot Owner acknowledges that, due to the proximity of many of the Lots to the Golf Course, there is a probability that errant golf shots may result in occasional or frequent golf balls striking a Lot or Lots or the improvements thereon. By acceptance of delivery of its deed upon the Lot or Lots owned by it, each Owner relieves Declarant, its successors and assigns of any and all liability relative to golf play including property damage and personal injury.

4.52     General Contractors. Dwelling Units shall be constructed only by general contractors who, at all times during such construction, (a) are fully licensed and in good standing with the State of Tennessee and (b) can provide evidence that such contractor is capable of furnishing a payment and performance bond with a corporate surety company doing business in the State of Tennessee.

 

 

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