Section 6.1 Use of Units and Common Elements. (V.1; Date Added 20 April 2006)

The use of the Units and Common Elements shall be subject to the following restrictions:

a. All Units shall be restricted and limited to the extent provided in the applicable Zoning Ordinance or Zoning Ordinances affecting the Community, subject, however, to variances granted thereto.

b. There shall be no obstruction of the Common Elements nor shall anything be stored in or upon the Common Elements without the prior written consent of the Executive Board, other than by the. Declarant in connection with constructing any portion of the Community and other than by the Association, its employees and independent contractors in perfonning its obligations or exercising its rights under this Declaration.

c. No benches, chairs, or other personal property belonging to the owner or occupant of a Unit (other than the Association) shall be left on the Common Elements. and Regulations from time to time adopted by the Executive Board and not in cor!flict with the

d. All Unit Owners and their residents and guests shall comply with the Rules provisions of this Declaration, concerning the use and enjoyment of the Common Elements.

e. No chain-link fences, barbed wire fences, or fences composed of visible 1netal or plastic wire may be erected on any Unit. Split-rail, vinyl or painted wooden board fences may be permitted in the rear portions of a Unit provided they do not exceed five feet (5') L in height. No fencing or other barrier may be constructed or installed in or upon any Unit except as detemrined and specifically approved in writing by the Executive Board.

f. No outside laundry facilities for washing or drying laundry (including but not limited to temporary or pennanent poles or clothes lines) shall be permitted on any Unit.

g. No vans, trucks, or other vehicles longer than twenty (20) feet or in excess of 10,000 lbs. gross vehicle weight, and no tractor trailer cabs, or trailers of any type shall be pennitted to be parked or kept upon any Unit (except wholly within a garage) or upon streets bordering any Unit, except for service vehicles making deliveries to the Unit and then only during the time such deliveries are being made, except as determined and specifically approved in writing by the Executive Board. The foregoing, however, shall not be construed to prevent the placement or parking of construction vehicles and equipment need for and during construction of structures upon a Unit.

h. No boats, snow mobiles, all terrain vehicles, campers, motor homes, trailers, recreational vehicles, or inoperable or unlicensed vehicles may be stored or parked upon any Unit or upon any street bordering a Unit, except wholly within a garage, and except for temporary parking for periods not twenty-four hours.

i. With respect to storage sheds and auxiliary structures placed or erected upon an Unit the following shall apply: Roof shingles must match the roof shingles of the house constructed on the Unit, all siding must match the majority of the siding materials of the house constructed on the Unit, and 1nust·be new when placed or constructed on the Unit. The design, materials, and location of all sheds and auxiliary structures must be specifically determined and approved in writing by the Executive Board.

j. No billboards or advertising signs of any character may be erected, placed, pennitted or maintained on any Unit or improvement thereon, except for a "For Rent" or "For Sale,sign, which shall not exceed one sign per Unit, and which shall expressly refer only to the premises on which such sign is displayed. Permitted "For Rent" or 'For Sale" signs may not exceed five square feet in.size and may not exceed one sign per Unit.

k. Units may not be used in whole or in part for the storage of rubbish of any kind, nor for the storage of any property or thing that will cause such Unit to appear in an Lm.clean untidy condition or that will be obnoxious to the eye; nor may any substance, thing or material be kept or used upon any Unit that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding Units. No rubbish, trash, garbage, scrap metal, waste, new or used lwnber or wood (except lumber or wood to be used in constructing a pennitted structure on a Unit and firewood to be used in fireplaces in dwellings erected on Units, provided such firewood is stacked no higher than five feet (5') shall be placed or pemritted on any Unit except wholly indoors; provided, however, usual household trash and rubbish may be kept in closed sanitary containers at curb side for collection purposes only on the day such trash and rubbish is to be collected. No garbage or trash containers may be located in the front or side lawn area of a Unit for more than a twenty-four (24) hour period.

1. Units may be used for single-family residential purposes only. No improvements or structures whatsoeverother than a single-family private dwelling house, patio walls, swimming pool and customary outbuildings, garage and carport (which shall be subject to the provisions set forth hereinafter), may be erected, placed or maintained on any Unit.

m. No anitnals, insects, birds or fowl may be kept or maintained on any Unit except for dogscats and pet birds: (i) not to exceed three (3) of any kind including any offspring of such animals while under six (6) months of age, (ii) which are pets for the pleasure and use of the occupants, and (iii) which are not kept for any commercial use or purpose. Moreover, all birds shall be confined in cages and all animals shall be kept and maintained in compliance with all applicable laws and ordinances.

n. No radio or television antennas or towers, or similar structu:res shall be erected, placed, permitted or maintained outside of or on the exterior of any structure on a Unit, except for satellite dishes not exceeding eighteen (18) inches in diameter.

o. No dwelling or structure upon any Unit shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed, nor shall any residence, when completed, be in any marmer occupied tmtil made to comply with the approved plans and all covenants, conditions, reservations and restrictions herein set forth. All construction shall be completed within a reasonable time from the commencement of construction. No temporary house, temporary dwelling, temporary garage, trailer home or other temporary structure shall be placed or erected upon any Unit.

p. All building plans for any building or structure to be erected upon any Unit, the proposed location of any building or structure upon any Unit, any change after approval thereof:> and any remodeling, reconstruction, alteration or addition to any building, driveway or other structure upon any Unit, shall require the approval in writing of the Declarant or its successors and assigns. Before beginning the construction of any driveway, building or other structure whatsoever, or remodeling, reconstruction or alteration of any driveway or structure upon any Unit, the person or persons desiring to erect, construct or modify the same shall submit to the Declarant for approval two (2) complete sets of driveway plans showing the location, course and width of same, and two. (2) complete sets of building plans and specifications for the building or other structure, as applicable, so desired to be erected, constructed or modified. No structure of any kind, the plans and specifications of which have not received the written approval of the Declarant and which does not comply fully with such approved plans and specifications shall be erected, constructed, placed or maintained upon any Unit. Approval of such plans and specifications shall be evidenced by written endorsement of Declarant, its successors or assigns, on such plans and specifications. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of Declarant, its successors or assigns, who shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. Plans and specifications may be rejected for purely aesthetic reasons.

q. Swales and the surface area of other stmm water facilities located upon a Unit shall be maintained by the Unit owner. Unit owners shall also provide routine surface maintenance to areas upon their Units that are burdened by sanitary sewer, utility, and other easements.

r. No above ground pools may be located or constructed on any Unit.

s. Decks and patios may be constructed if specifically approved by the Executive Board.

t. Nothing may be placed, planted, constructed or installed upon any Unit within any sanitary sewer, utility, or storm water easement area. Moreover, no storm water swales, channels, basins or ponds upon any Unit may be altered.

u. The breach of any covenant or restriction herein contained, or the continuance of any such breach, may be enjoined or remedied by appropriate proceedings initiated by Declarant, its successors and assigns, the Association, or by the owner of any Unit in the Community. No delay or omission on the part of Declarant, its successors and assigns, the Association, or the owners of Units in exercising any right, power or remedy herein provided in the event of any breach shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against Declarant, its successors or assigns, or on accoW1t of the failure to bring any action on accom1t of any breach of these covenants, conditions, reservations and restrictions, or for imposing any covenants, conditions, reservations or restrictions which may be unenforceable.

v. In the event any one or more of the foregoing covenants or restrictions are declared for any reason by a court of competent jurisdiction to be null and void or unenforceable, such judgment or decree shall not ·in any manner whatsoever affect, modify, change, or nullify any of the other covenants or restrictions, all ofwh:ich shall continue in full force and effect

w. Unit Owners must seek the consent of the Executive Board Wlder procedures and with forms as required by the Executive Board. All applications for consent as required in this Article shall be submitted in writing with applicable explanations, drawings, and notes as required by the Executive Board who shall make its decision and communicated in writing to the Unit Owner,