HIGHLIGHTS OF COVENANTS AND
RESTRICTIONS FOR DEERWOOD
Deerwood was established in
1963 as a Deed Restricted Community to create a residential
environment of the highest quality. The deed conveying your
ownership of your Deerwood property specifically references our
Covenants and Restrictions.
Each homeowner is responsible
for adhering to the rules and requirements set forth in the
Covenants and Restrictions for their Unit. One should read the
C&R's carefully before beginning any project. Generally, any
change to the landscaping, topography and exterior of an home
requires the approval of Deerwood Improvement Association, which
has succeeded to the "Developer Rights" often referred
to in the C&R's
The following highlights of
the Covenants and Restriction applicable to Deerwood, Unit
One is presented for informational purposes only. Unit
One was selected because it was the initial unit and the
later Covenants and Restrictions were "stacked"
from Unit One. This summary is to acquaint you with the
general provisions of the Covenants and Restrictions, and
it should not be relied upon. If you have a problem, go to the Covenants
and Restrictions for your individual unit and read them in
their entirety. You should familiarize yourself with the Covenants
and Restrictions because both property owners and the
Developer, present and future, are bound by their terms and
conditions.
The numbers following refer to
the numbered paragraphs in the complete Covenants and
Restrictions, Unit One, and in most instances the numbers
are the same in the Covenants and Restrictions for the
other units.
1. Lots are restricted to
single family residential use.
2. Minimum requirements for
building plots - size, etc.
3. All access ways (streets)
remain the private property of the Developer. Owners, their
guests and servants, necessary services and utilities and
mortgage holders, by grant, have perpetual rights of ingress and
egress over and across designated parcels.
4. Minimum square footage
requirements for one-story residences.
5. Minimum square footage
requirements for one and one-half story, split level, and
two-story residences vary.
6. All residences must have an
attached, walled or fenced utility yard to obscure the view of
various objects.
7. Definition of detached
outbuildings.
8. Restrictions on location of
detached outbuildings.
9. The recorded plat shows
front and rear building restriction lines on each lot. Drives
and walks are permitted between the front building restriction
line and the access way (street) and no building, structure,
hedge, fence or wall is permitted in this area. In the area
between the rear building restriction line and the rear lot
line, hedges, fences, walls and certain other structures are
allowed provided they are not more than 3 feet high. The
building area, between the front and rear restriction lines, is
for the construction of the residence and other buildings and
with certain exceptions these may not be nearer than 10 feet to
the sidelines. There are certain necessary limitations against
building within easement areas.
10. Detailed building plans
and specifications and other information must be submitted to
and approved by the Developer before commencement of
construction of any residence or other building, or any fence,
wall, utility yard, driveways, swimming pool or other structure
or improvement. The Developer may require the submission for
approval of samples of building materials and exterior color
schemes. Building plans and specifications must be prepared by a
qualified registered architect for the specific use of the
property owner. Any repainting, reroofing, etc. that changes the
existing appearance or uses different material must be approved.
11. All garages and carports
not located within the utility yard must have a capacity for at
least two automobiles. Doors and entrances to garages and
carports must not be visible from any access way. Carports must
be screened on all sides with materials and design approved by
the Developer. Objects located within a carport shall not be
visible from access ways or adjacent land.
12. Restrictions on location
and parking of vehicles and boats on the building plots. No
vehicles can be parked on driveways overnight unless wholly
within the utility yard
13. A plate of approved design
and location showing the number of the residence shall be placed
on each building plot.
14. No window air-conditioning
units may face any access way without prior approval of the
Developer.
15. All telephone, electric
and other utility lines are to be concealed and located wholly
underground. Further provisions relating to electric service
lines are included.
16. When a residence and
related structures are commenced, it is required that
construction proceed continuously and diligently and be
completed within eight months unless the completion is
impossible as the result of certain events set forth in the Covenants
and Restrictions. The owner is to install a paved driveway
from the pavement in the access way to his front lot line. This
must be of design and material approved by the Developer. During
construction all vehicles involved, including those delivering
supplies, must enter the building plot at a location approved by
the Developer and must be parked on the building plot where the
construction is underway.
17. Restrictions on picnic
areas and detached outbuildings prior to the start of
construction of a residence.
18. Sheds, shacks and other
temporary or movable buildings are not permitted unless fully
concealed within the utility yard.
19. Trailers, basements,
garages and the like may not be used as a residence.
20. Relates to use of "For
Rent, "For Sale" and other signs.
21. Relates to maintenance of
commercial and display signs and model houses and the like
authorized by the Developer.
22. Developer must approve the
location and type of exterior radio and television aerials and
certain other equipment not located in the utility yard.
23. Garbage or trash
incinerators are not permitted. Garbage containers must be kept
within the utility yard or in underground garbage receptacles.
24. Refers to mail and paper
box holders.
25. Provides restrictions on
the keeping, raising and maintenance of dogs, cats, birds and
other animals and foul.
26. Nuisances and offensive or
illegal activities are prohibited. No trash, rubbish, or waster
material may be allowed to accumulate on building plots or be
disposed of by burning or placing on contiguous land.
27. Refers to planting outside
of the owner's plot and cutting of larger trees. DIA requires
property owners to obtain a tree removal permit before beginning
any project with any trees on the property. This can be
accomplished by telephone, email or fax to Marsh Landing Management Company. Deerwood gate security may deny access to a tree
removal/tree trimming company if a permit has not been requested
and issued.
28. Relates to required use of
central water supply system. Artesian wells are prohibited but
rock wells are permitted for certain uses, including
air-conditioning and sprinkling. With certain exceptions, no
individual water supply systems are permitted.
29. The owner is to install a
septic tank and drain field to serve his residence. If a central
sewage collection and treatment system becomes available, owners
must connect to and use that system for sewer disposal.
30. Relates to easements
reserved by the Developer.
31. Relates to re-subdividing
or re-platting of the lots.
32. Refers to use of the lake
on Tract 1 as shown on the recorded plat.
33. Relates to certain parcels
shown on the plat as "Not Included in this Plat" and
Tracts 2, 3 and 4.
34. Reserves to the Developer,
with the consent of the County Commissioners or the governing
body of any municipality then having jurisdiction, the right to
dedicate to the public any of the access ways, any of Tracts 1,
2, 3 and 4 shown on the plat and any of the easements.
35. Requires each owner to
keep his building plot free of tall grass, undergrowth, dead
trees and limbs, trash and rubbish and authorizes the Developer
at the owner's expense, to correct such conditions if the owner
refuses to do so.
36. Relates to the annual
maintenance assessments to be levied and assessed by The
Deerwood Improvement Association, Inc. against each of the
building plots in the subdivision. The annual maintenance
assessments include an "annual basic charge" and, if
determined by the Association, an "annual Additional
Charge." The "annual basic charge" is assessed
against both improved and unimproved building plots. This charge
is proportionate to the square foot area of the land owned and
is limited to a maximum of one-fifth of one cent per square foot
of area per year. (Thus for a building plot having dimensions of
150 x 200 feet, the "annual basic charge" may not
exceed $60 per year.) The "annual additional charge,"
if assessed, is assessed only against improved property
and is uniform in dollar amount as between all improved building
plots. If any "annual additional charge" as to any
particular improved building plot should exceed a maximum of 15
mills on the full-assessed value of the improved building plot,
the owner is entitled to a refund of the excess by making
written application to the Association on or before December 31
of the year of assessment. The 15-mill maximum amount of the
"annual additional charge" may be increased by the
Association only with the consent of the persons then owning 75
percent or more of the improved building plots. The Association
is required annually to levy a sufficient maintenance
assessment:
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(1) To pay ad valorem
taxes, if any, assessed against these access ways or
Tracts 1, 2, 3 and 4 shown on the plat and any other
taxes assessed against the Association or its property;
(2) To pay current
expenses for the reasonable repair and maintenance of
the access ways, including the paved portions;
(3) To provide a
deposit to a paving reserve fund to periodically
reconstruct and resurface the paved portions of access
ways when needed. |
The Association may levy and
raise funds through the annual maintenance assessment to pay
for:
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(a) Operating expenses
of the Association.
(b) Lighting,
improvement and beautification of access ways and
easement areas, acquisition and maintenance of markers
and signs and traffic control devices, and costs of
controlling traffic on the access ways.
(c) Maintenance,
improvement and operating of drainage easements and
systems.
(d) Maintenance,
improvement and beautification of parks, lakes, ponds
and buffer strips.
(e) Providing certain
services, but only when and to the extent hereafter
specifically authorized by the Association, as follows:
(1) Garbage collection
and trash and rubbish removal;
(2) Police protection,
nigh watchmen, guard and gate services;
(3) Fire protection.
(f) Doing any other
thing necessary or desirable in the judgment of the
Association to keep the subdivision neat and attractive,
or to preserve or enhance the value of the properties
therein, or to eliminate fire, health or safety hazards,
or which may be of general benefit to the owners or
occupants of lands in the subdivision.
(g) Doing any other
thing agreed to by the Association and by the persons
then owning 75 percent or more of the improved building
plots.
(h) Repayment of
funds, and interest thereon, borrowed by the association
and used for any of the authorized purposes. |
Each annual maintenance
assessment is assessed as of January 1, commencing January 1,
1964, and is payable not later than February 1. The annual
maintenance assessment constitutes a debt from the owner to the
Association and a lien on the property.
37. Relates to the Developer's
rights to enter upon property to abate and /or remove any
violations of the C&R.
38. Relates to the procedure
for obtaining the consent or approval of the Developer to any
action.
39. Reserves to the Developer
exclusive right to transfer to others the rights, powers,
privileges, authorities and reservations given to or reserved by
the Developer in the Covenants and Restrictions.
40. Relates to rights reserved
by the Developer to amend the Covenants and Restrictions, to
include in any contract or deed additional covenants and
restrictions, and to release minor violations of the Covenants
and Restrictions.
41. Provides that in addition
to the rights of the Developer under paragraph 40, the
Developer, with the consent of persons then owning 75 percent or
more of the platted lots in each unit, may amend or alter the
Covenants and Restrictions other than the provisions of
paragraph 36 relating to annual maintenance assessments.
42. Property owners may not
impose additional covenants or restrictions unless approved by
the Developer.
43. Provides that the
Covenants and Restrictions shall remain in effect until January
1, 2014 and for extensions thereafter.
44. Relates to rights and
remedies for violations.
45. Severability clause.
