GROSBEAK WOODS SITE CONDOMINIUM
BASIC RESTRICTIONS
  

THIS IS NOT THE LEGAL DOCUMENT SPELLING OUT THE DETAILS OF THE RESTRICTIONS, BUT RATHER JUST A BRIEF EXPLANATION OF THE RESTRICTIONS.  

1.  All units are for residential purposes only, no commercial operations, except for home occupations permitted by local zoning ordinance.

2.  There is an Architectural Control Committee that will review and approve all building plans

3.  Building restrictions:

a.  All improvements located within a Unit shall be of exterior design, materials, workmanship, and quality as to be harmonious with other homes and improvements in the Condominium Project and, in addition, are suitably located with respect to the topography of the Unit and finish grade elevations.

b.  One story homes shall not be less than 1500 square feet of enclosed living area, which shall not include decks, porches or garages.  One and one-half and two story dwellings shall not be less than 1,800 square feet of enclosed living area, which shall not include decks, porches, or garages.  Each Unit must have an attached garage to the main dwelling.

c.  The (required) attached garages shall be finished on the outside in the same manner and with the same materials as the dwelling, and shall be 575 square feet for a two-car and 860 square feet for a three-car garage.  If permitted by local zoning, the attached garage may have finished upper levels suitable as living space.

d.  One detached storage buildings of not more than 860 square feet (including without limitation sheds whether affixed to the land or not) shall be permitted, provided it is finished in the same manner and with the same materials as the dwelling.

e.  No mobile home, double wide, or hud home shall be placed, stored, occupied, constructed or installed upon any Unit.  This restriction shall not apply to so-called "state code" homes provided that same is installed at the site by a licensed general contractor.

f.  Not more than one (1) single family residence shall be constructed upon any unit.  Guest quarters which are part of an attached garage or detached garage (if allowed by local zoning) shall be permitted.

g.  All exterior lighting shall be placed so as to direct light away from other units.

h.  Cutting trees on a Unit shall be limited to 1/3 of the tress three inches in diameter or greater at the stump, once very five years.  An exception may be made for initial construction as approved by the Architectural Control Committee.

i.  No so-called "pole" buildings, metal storage sheds, or above-ground pools shall be permitted.

j. No fences shall be constructed in common areas.  No fences shall be permitted in any Unit except that a 60" high decorative fence may be installed in the rear yards of a Unit, providing that the style and materials thereof are approved in advance by the Architectural Control Committee or the Association.  

k. Kennels not to exceed six feet in height and 120 square feet may be erected at the rear of a dwelling.  The style and materials of any kennel must be approved in advance by the Architectural Control Committee.

l. No satellite dishes or antennae shall be permitted unless approved by the Architectural Control Committee.

m.  All utilities lines, conduits and piping shall be installed below ground.

4.  Use restrictions:

a.  No immoral, improper, unlawful or offensive activity shall be carried on in any Unit or upon the Common Elements, nor shall anything be done which may be or become an annoyance or a nuisance to the Co-owners of the Condominium, nor shall any unreasonably noisy activity be carried on in or on the Common Elements or within any Unit at any time.  No Co-owner shall do or permit anything to be kept or permit to be kept in the Co-owners unit or on the Common Elements anything that will increase the rate of insurance on the Condominium without the written approval of the Association, and each Co-owner shall pay to the Association the increased cost of insurance premiums resulting from any such activity or the maintenance of any such condition even if approved, which increased cost may be assessed to and collected from the Co-owner.

b.  Domestic pets may be kept.  No farm animals of any kind may be kept.  Any pets kept in the Condominium shall have such care and restraint as not to be obnoxious on account of noise, odor or unsanitary conditions.  No savage or dangerous animal shall be kept.  No animal may be permitted to run loose upon the General Commons Elements, and any animal shall at all times be attended by a responsible person while on the Common Elements.  Any person who causes or permits an animal to be brought or kept on the Condominium property shall indemnify and hold harmless the Association for any loss, damage or liability which the Association may sustain as a result of the presence of such animal on the property.  The Board of Directors may adopt reasonable rules and regulations regarding pets, and shall have the authority to require removal of offensive or dangerous animals from the Condominium.  No commercial breeding of domestic pets shall be allowed.

c.  Common Elements shall not be used for storage of supplies, materials, personal property or trash or refuse of any kind, except as provided in the Master Deed or in duly adopted rules and regulations of the Association.  All rubbish, trash, garbage and other waste shall be regularly removed from each Unit and shall not be allowed to accumulate therein.  Unless special areas are designated by the Association, trash as may be reasonably necessary for construction.  In general, no activity shall be carried on nor condition maintained by a Co-owner, either in a Unit or upon the Common Elements, which is detrimental to the appearance of the Condominium.

d.  The Common Elements shall not be obstructed in any way nor shall they be used for purposes other than for which they are reasonably and obviously intended.  No Co-owner may leave personal property of any description unattended on or about the Common elements, except for the Limited Common Elements associated with the zoning setbacks.  use of all General Common elements may be limited to such times and in such manner as the Board of Directors shall determine by duly adopted regulations.  

e.  No abandoned or junk vehicles of any kind, and no unlicensed house trailers, commercial vehicles, boat trailers, boats, camping vehicles, snowmobile trailers, recreational vehicles, automobiles, motorcycles or ATV may be kept outdoors in any Unit or any Common Elements.

f.  No Co-owner shall use, or permit the use by any occupant, agent, employee, invitee, guest or member of his or her family of any firearms, air rifles, pellet guns, B-B guns, bows and arrows, sling shots or other similar weapons, projectiles or devices anywhere on or about the Condominium, except unless as permitted by State hunting laws.

g.  Motorcycles, ATVs, off-road vehicles, dirt bikes, snowmobiles, and other similar powered vehicles are not allowed on any of the Limited or General Commons Elements and may not be operated on any Unit in a manner that is loud, offensive, or dangerous to the neighbors.

5.  Signs and Advertising, no signs or other advertising devices shall be permitted on the Units or on the common Elements, other than one sign not greater than four square feet on each building face indicating the Co-owners name and address.  Not more than one "For Sale" sign is permitted per Unit, provided it does not exceed 9 square feet in size.  Provided that Developer may place signs in such locations and of such types as it in its sole discretion deems necessary for marketing Units, during such period as Developer owns any Unit.

6.  Oil and Gas Development.  All oil, gas and mineral rights have previously been severed from the condominium property, and have been developed.  The condominium property will contain an operating gas well located on Unit 7, with the underground piping to transmit the production running beneath parts of Units 7-12.  Those Units will also be encumbered with an easement for ingress and egress to maintain the well and pipes.  Given this, no development of any kind shall occur within the easement areas, which are legally described in a recorded instrument, a copy of which shall be kept at all times by the Association.

7.  Construction Phase.  During the period of construction occurring within a Unit, the following regulations shall be followed:

a.  A temporary dwelling, such as a travel trailer or motor home, may be occupied for a period not exceeding six months.

b.  Garages, basements, and unfinished homes (i.e., where no occupancy permit has been issued) shall not be used as living quarters.

c.  Sewage disposal from such temporary places of abode shall conform to applicable governmental regulation.

d.  Large vehicles, necessary for construction, shall be permitted on a Unit and its appurtenant limited common elements during the construction phase.  Otherwise, dump trucks, tractors, commercial trailers, flatbed trailers, construction equipment, and other machinery shall not be permitted on any Unit and its appurtenant Common Elements.

e.  All construction must be completed within one year (12 months) from the date that the Committee signs the plans, unless for good cause shown the Committee extends that period.  All construction materials shall be removed and the Unit shall be in a clean and neat condition within 30 days, weather permitting, after the structure is ready for occupancy.

f.  Landscaping shall be completed within 12 months after occupancy.  This shall be limited to grass seeding or sodding, and shall not include final walks, planters, ornamental shrubs, trees, or flowers.

g.  The finish grade shall be a minimum of seven inches (7") fall drop within the first ten feet (10') of the outside structure.  This is more than the building code requires but is deemed necessary for surficial drainage within the Condominium.

h.  All exterior basements and/or crawl spaces in the front of each dwelling, and on both sides to a dimension of fifteen feet (15') from the front corners, shall be exposed not less than eight inches (8") nor more than sixteen (16") from the final grade of topsoil.  There shall be no exposed concrete block greater than sixteen (16") from the final grade of topsoil.

i.  The Developer will provide initial driveways off of the public road.  A Co-owner may more that driveway opening upon good cause shown to the Architectural Control Committee.  Driveways shall be graded and at a minimum graveled, and shall be installed within one (1) year of the receipt of a certificate of occupancy for the Unit.  A four foot poured concrete apron shall be placed in front of each garage.

j.  All mailboxes and newspaper holders shall comply with the "Grosbeak Woods" model therefore.  The initial mailbox will be provided by the Developer at an expense of $100 per Unit: thereafter, each Co-Owner shall maintain the mailbox in good order and shall replace same with a similar kind, unless the Architectural Control Committee gives permission for a different design.

8.  Rules and Regulations and amendments thereto shall be furnished to all Co-Owners.  Any such regulation or amendment may be revoked at any time by the affirmative vote of 2/3 of the Co-Owners.

9.  The Association or its duly authorized agents shall have access to each Unit and any Limited Common Elements appurtenant thereto from time to time, during reasonable working hours, upon notice to the Co-Owner thereof, as may be necessary for the maintenance, repair or replacement of any of the Common Elements.  The Association or its agent shall also have access to each Unit and any Limited Common Elements appurtenant thereto at all time without notice as may be necessary to make emergency repairs to prevent damage to the Common Elements or to another Unit.  Each Co-Owner shall be entitled  to exclusive occupancy and control over the Co-owners Unit an all Limited Common Elements appurtenant thereto.

10.  Each Co-owner shall  maintain the Unit owned and any Limited Common Elements appurtenant thereto for which the Co-owner has maintenance responsibility in a safe, clean and sanitary condition.  Each Co-owner shall also use due care to avoid damaging any of the Common Elements including but not limited to the telephone, water, gas, plumbing, electrical or other utility conduits any systems any other elements in any Unit which are appurtenant to or which may affect any other Unit.  Each Co-owner shall be responsible for damages or costs to the Association resulting from negligent damage to or misuse of any of the Common Elements by the Co-owner or the Co-owners family, guests, agents or invitees, unless such damages or costs are covered by insurance carried by the Association.  Any costs or damages to the Association may be assessed to and collected from the responsible Co-owner in the manner provided.

11.  Prohibited Acts.

a.  No change of any kind shall be made by a Co-owner to any Common Element without the express approval of the Board of Directors

b.  No garbage shall be burned or buried, nor allowed to accumulate, on any Unit or Common Element.  Provided that brush and other items may be burned out of doors so long as all local and State ordinances and laws are complied with.

c.  No Co-owner, invitee, guest, or contractor shall dispose of any chemical, toxic or hazardous substances on the Condominium Project or introduce such materials into any sewage treatment system contrary to local, state or federal law.

12.  The Developer will reserve the right to conduct their commercial activities with respect to any unsold Units.

13.  There are certain rules regarding leasing and renting of the Units.

14.  Amendments to the restrictions can be made by the majority of the Co-owners of the Units voting for such change or changes.

AGAIN:  THIS IS NOT THE LEGAL DOCUMENT SPELLING OUT THE DETAILS OF THE RESTRICTIONS, BUT RATHER JUST A BRIEF EXPLANATION OF THE RESTRICTIONS.