07-17-14 Regular Meeting of the Planning and Zoning Commission

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EXHIBIT D hobbies or other visible activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, that might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Subdivision. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work shall be permitted provided such activities are not conducted on a regular or frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, are begun and completed within twelve (12) hours. Notwithstanding anything contained herein to the contrary, the Association shall have the right but not the obligation to enter upon any Common Area and/or street right-of-way and remove signsnot authorized by the Boardin advance,and/or to regulate (including, but not limited to, the prohibition of) street vending and similar non-approved activities. No portion of the Subdivision shall be used, in whole or in part, in a way that creates a nuisance within the Subdivision. Activities or conditions constituting a nuisance are incapable of exhaustive definition which will fit all cases, but they can include those activities and conditions that endanger life or health, give unreasonable offense to senses, or obstruct reasonable use of property. Those activities or conditions that cause minor and/or infrequent disturbances resulting from ordinary life activities within a deed restricted community are not intended to constitute a nuisance. Whether such activity or condition constitutes a nuisance will be determined by the Board. The Board may adoptrules or policies to further define what constitutes a nuisance, as warranted. J.Monuments and Fences The Declarant and/or the Association are hereby granted an easement to place, maintain and repair a monument or marker at any entrance to the Subdivision. On all Lots, side and rear fencing shall be required and shall be in a location and of a material and design as required by the Guidelines and as approved in writing by the ARC. Owners shall be responsible for the maintenance, repair and/or replacement of all fences in existence at time of transfer from Builder to Owner. Replacement fences shall be of a similar material and design as originally constructed. The maintenance of any portion of a fence which lies between Lots shall be the joint responsibility of the Lot Ownerson whose property the fence lies between. In the event an Owner fails to repair, replace or maintain anyfence in a manner consistent with the Community Wide Standardin the sole discretion of the Board, the Boardmay exercise its Self Help remedy pursuantto the terms set forth in this Declaration, and shall have the right, but not the obligation,through its agents, contractors and/or employeesto enter such Lotfor the repair and/or replacement of such fence after notice to the Owner. Any expense incurred by the Association in effectuating such repairs/replacement shall be the responsibility of the Owner(s) having such obligation to maintainand shall be secured by the continuing lien on the Lot. 16 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.