Rights in Common land and residential reserved areas
7.1. Every Member shall have a right and easement of enjoyment in and to Common Land and every Cluster Member of each Cluster Association shall have a like easement in respect of the Residential Cluster Reserved within the Residential Cluster in which he owns a Lot or Living Unit, which easements shall be appurtenant to and shall pass with the title to every Lot and Living Unit.
7.1a. All Residents residing within the Properties Shall have a non-transferable privilege to use and enjoy all the Common Land for so long as they are Residents within the previously defined meaning of the term.
7.1b. All Residents residing within a Residential Cluster shall have a non-transferable privilege to use and enjoy all of the Residential Clusters Reserved Area within the Residential Cluster in which they reside for so long as they are Residents within the previously defined meaning of that term.
7.2. The rights, privileges, and easements of enjoyment in the Common Land created hereby shall be subject to:
(a) the right of the Association, in accordance with its Certificate of Incorporation and By-Laws, to borrow money for the purpose of improving the Common Land created and in aid thereof to mortgage said properties;
(b) the right of the Board of Directors, as
hereinbefore provided, to suspend such enjoyment rights of any member (and the
privilege of each Resident claiming through such Member) for any period during
which any assessment for which such Member is liable remains delinquent, for any
period of during which there exists a violation of this Declaration by the
Member or resident claiming through such Member, as determined by the Board of
Directors, and for any period not to exceed thirty (30) days for any infraction
of its published rules and regulations by the Member, his guests or Resident
claiming through such Member;
and
(c) the right of the Association to dedicate or transfer all or any part of the Common Land to the State of Connecticut, City of Middletown, or any subdivision of either, the Federal Government or any agency or instrumentality thereof, or to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to purposes or as to conditions thereof, shall be effective unless an instrument signed by Members entitled to cast (2/3) of the votes of each class of Membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken.
(d) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Land.
(e) the right of the Association to limit the number of guests of Members and Tenants in or upon the Common Land or any facilities located thereon.
(f) the right of the Association to grant easements or rights of way to any public utility corporation or public agency.
7.3. The rights, privileges and easements of enjoyment in the Residential Cluster Reserved Areas created hereby shall be subject to:
(a) the right of each Cluster Association, in accordance with its Certificate of Incorporation and By-Laws, to borrow money for the purpose of improving its Residential Cluster Reserved Areas and in aid thereof to mortgage said property;
(b) the right of the Cluster Board of Directors of each Cluster Association, as hereinabove provided, to suspend such enjoyment rights of any Cluster Member (and the privilege of each Resident claiming through such Cluster Member) for any period during which any assessment for which such Cluster Member is liable remains delinquent, for any period during which there exists a violation of this Declaration by the Cluster Member or Resident claiming through such Cluster Member, as determined by the Cluster Board of Directors, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations relating to the use of its Residential Cluster Reserved Areas and the facilities thereon by the Cluster Member, his guests, or Resident claiming through such Cluster Member;
(c) the right of each Cluster Association to dedicate or transfer all or any part of its Residential Cluster Reserved Areas to the State of Connecticut, City of Middletown, or any subdivision of either, the Federal Government or any agency or instrumentality thereof, or to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by its Cluster Members, provided that no such dedication or transfer, determination as to the purpose or as to condition thereof, shall be effective unless an instrument signed by Cluster Members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, an unless written notice of the proposed agreement and action thereunder is sent to all of its Cluster Members at least (90) days in advance of any action taken.
(d) the right of each Cluster Association to charge reasonable admission and other fees for the use of any recreational facility situated upon its Residential Cluster Reserved Areas.
(e) the right of each Cluster Association to limit the number of guests of Cluster Members or Tenants in or upon he Residential Cluster Reserved Area or any facilities located thereon.
(f) The right of the Association to grant easements or rights of way to any public utility corporation or public agency.
Architecture and landscape review committee
8.1. An Architecture and Landscape Review Committee ("the Committee") having five (5) members and appointed as hereinafter provided shall have the exclusive authority to administer the provisions set forth in Articles IX and X hereof.
8.2. The Architecture and Landscape Review Committee shall be appointed by the Board of Directors.
8.3. All appointments to the Committee and all replacements of members of the Committee shall be by written instrument executed by Developer and/or the Secretary of the Association in the same manner as that required by law for the conveyance of interests in real property, which written instrument shall set forth the name and address of each person thereby appointed to the Committee and shall be recorded in the same land records in which this Declaration is recorded, or if any such instrument shall not be lawfully so recordable, then a copy thereof shall be mailed, postpaid, to each Owner at his last known address.
8.5. All matters requiring Committee action shall be decided by a majority vote of the Committee.
Architecture and landscape review committee
covenants for maintenance
9.1. No structure or other improvement of any kind or description, the placement of which upon any Lot, Common Land, Residential Cluster Reserved Area, or any other portion of The Properties (for purposes of Article IX and X herein, hereinafter called, collectively, "Lot" or "Lots") may affect the appearance of such Lot, including by way of illustration and not limitation any building (including accessory buildings) trailer, tennis court, fence, hedge, windbreak, swimming pool, statuary, garage, porch, shed, greenhouse or bathhouse, covered or uncovered patio, clothesline, (hereinafter referred to as "Structure" or "Structures") shall be commenced, erected, placed, moved on to or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance thereof (including any alteration in the exterior color thereof), nor shall any new use be commenced on any Lot, unless plans and specifications (including a description of any proposed new use) therefore shall have been submitted to and approved in writing by the Committee. Such plans and specifications shall be in such form and shall contain such information as may be required by the Committee, but in any event shall include (i) a site plan of the Lot showing the nature, exterior color scheme, kind, shape, height, materials and location with respect to the particular Lot (including proposed front, rear and side set-backs and free spaces, if any are proposed) of all Structures, the location thereof with reference to Structures on adjoining portions of The Properties, and the number and location of all parking spaces and driveways on the Lot; and (ii) a grading plan and the general plan of landscaping for the particular Lot.
9.2. The committee shall have the right to disapprove any plans and specifications submitted hereunder because of any of the following:
(a) the failure of such plans or specifications to comply with any of the Covenants and Restrictions;
(b) failure to include information in such plans and specifications as may be reasonable requested;
(c) objection to the exterior design, appearance or materials of any proposed Structure;
(d) incompatibility of any proposed Structure or use with existing Structures or uses upon other Lots in the vicinity;
(e) objection to the location of any proposed Structure upon any Lot or with reference to other Lots in the vicinity;
(f) objection to the grading plan for any Lot;
(g) objection to the color scheme, finish, proportions, style of architecture, height, bulk, or appropriateness of any proposed Structure;
(h) objection to parking areas proposed for any Lot on the grounds of (i) incompatibility to proposed uses and Structures on such Lot or (ii) the insufficiency of the size of parking areas in relation to the proposed use of the lot; or
(i) any other matter which, in the judgment of the Committee, would render the proposed Structure, Structures or uses inharmonious with the general plan of improvement of The Properties or with Structures or uses located upon Lots in the vicinity.
In any case where where the Committee shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the Committee shall, if requested, make reasonable efforts to assist an advise the applicant in order that an acceptable proposal can be prepared and submitted for approval.
9.3. Upon approval by the Committee of any plans and specifications submitted hereunder, copies of such plans and specifications, as approved, shall be deposited for permanent record with the Committee, and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same.
9.4. The Committee may promulgate rules governing the form and content of plans to be submitted for approval or requiring specific improvements on Lots, including, without limitation, exterior lighting and planting, and may issue statements of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval. Such rules and such statements of policy may be amended or revoked by the Committee at any time, and no inclusion in, omission from or amendment of any such rule or statement shall be deemed to bind the Committee to approve or disapprove any feature or matter subject to approval, or to waive the exercise of the Committees discretion as to any such matter, but no change of policy shall affect the finality of any approval granted prior to such change. Approval for use on any Lot of any plans or specifications shall not be deemed a waiver to the Committee's right, in its discretion, to disapprove such plans or specifications or any of the features or elements included therein if such plans are subsequently submitted for use on any other Lot or Lots. Approval of any such plans and specifications relating to any Lot, however, shall be final as to that Lot and such approval may not be revoked or rescinded thereafter, provided, (i) that the Structures or uses shown or described on or in such plans and specifications do not violate any specific prohibition contained in the Covenants and Restrictions, and (ii) that the plans and specifications, as approved, and any condition attached to any such approval, have been adhered to and complied with in regard to all Structures on and uses of the Lot in question.
In the event that the Committee fails to approve or disapprove any plans and specifications as herein provided within sixty (60) days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required. The applicant, however, shall be entitled to receive a certificate signed by a member of the Committee and evidencing such approval.
9.5. If any Structure shall be altered, erected, placed or maintained upon any Lot, or any new use commenced on any Lot, otherwise than in accordance with plans and specifications approved the the Committee pursuant to the provisions of Article IX such alteration, erection, maintenance or use shall be deemed to have been undertaken in violation of this Article IX and without the approval required herein, and, upon written notice to the Owner of said structures and to the holder of any mortgage thereon from the Committee, any such Structure so altered, erected, placed or maintained upon any Lot in violation hereof shall be removed or realtered, and such use shall be terminated, so as to extinguish such violation.
If sixty (60) days after the notice of such a violation the Owner of the Lot or any holder of any mortgage thereon upon which such violation exists shall not have taken reasonable steps toward the removal or termination of the same, the Committee shall have the right, through its agents and employees, to enter upon such Lot and to take such steps as may be necessary to extinguish such violation and the cost thereof, including interest thereon and all costs of collection, including a reasonable attorney's fee, shall be a binding, personal obligation of such Owner as well as a continuing lien enforceable in the same manner as assessments levied hereunder upon the Lot in question.
9.6. Upon completion of the construction or alteration of any Structure in accordance with plans and specifications approved by the Committee, the Committee shall, upon written request of the Owner thereof, issue a certificate of compliance in form suitable for recordation, identifying such Structure and the Lot on which such Structure is placed, and stating that the plans and specifications, the location of such Structure and the use or uses to be conducted thereon have been approved and that such Structure complies therewith. Preparation and recording of such certificate shall be at the expense of such Owner. Any certificate of compliance issued in accordance with the provisions of this paragraph 9.6 shall be prima facie evidence of the facts therein stated, and as to any purchaser or encumbrancer in good faith and for value, or as to any title insurer, such certificate shall be conclusive evidence that all Structures on the Lot, and the use or uses described therein comply with all the requirements of this Article IX, and with all other requirements of this Declaration as to which the Committee exercises any discretionary or interpretive powers.
9.7. The Committee may charge and collect a reasonable fee for the examination of any plans and specifications submitted for approval pursuant to this Article IX, payable at the time such plans and specifications are so submitted, provided, that such fee shall not exceed fifty (50%) per cent of the amount chargeable by the appropriate governmental authority for the application for and processing of building permits for structures on the Lot with regard to which such plans and specifications are submitted.
9.8. Any agent of the Association or the Committee may at any reasonable time or times enter upon and inspect any Lot and any improvements thereon for the purpose of ascertaining whether the maintenance of such Lot and the maintenance, construction, or alteration of Structures thereon are in compliance with the provision hereof, provided, however, that such entry and inspection shall not interfere with the quiet enjoyment of the Lot by the Owner or occupant thereof; and neither the Association nor the Committee nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.
9.9. No tree having a diameter of two (2) inches or more at a point one (1) foot above the surround ground level shall be destroyed or removed without written consent of the Committee.
9.10. The exterior of all structures located on any Lot which are visible from any point on any adjacent Lot shall be maintained by the Owner in good repair and appearance and if any Owner shall fail so to do, the Committee by its agents or employees may, at its option, and on not less that one hundred eighty (180) days notice to the Owner and the holder of any mortgage on said structures, go upon the Lot and take such action as may be necessary to put the structures thereon in a state of good repair and appearance.
9.11. Each Owner of a Lot shall maintain the grounds thereof in a neat and attractive manner and upon the failure of the Owner so to do, the Committee, by its agents or employees, may, at the option of the Committee, and on not less than thirty (30) days notice to the Owner, enter upon the Lot as often as the Committee shall deem necessary and cut down the weeds, grass and other vegetation thereon and remove dead trees and shrubbery therefrom.
9.12. The Board of Directors may advance funds of the Association to the Committee to cover the expenses of the operations of the Committee.
9.13. The Owner of any Lot upon which the Committee shall perform services or supply materials pursuant to paragraphs 9.10 and 9.11 hereof shall, upon demand, reimburse the Committee for the cost thereof with interest hereon to the date of payment at the maximum permissible FHA interest rate, which costs and interests thereon and all costs of collection thereof, including a reasonable attorney's fee, shall be the personal obligation of the Owner and a charge and continuing lien upon all the Lots and Living Units of the Owner and shall be enforceable in the same manner as assessments levied hereunder.
9.14. The decision of the Committee as to whether the exterior of any structure located on any Lot has been maintained in good repair and appearance and whether the grounds of any Lot have been maintained in a neat and attractive manner shall be final and conclusive.
9.15. Lots may be subdivided only with the prior written approval of the Committee.
9.16 Structures located on a Lot may be moved to another location on the same Lot only with the prior written consent of the Committee.
9.17. The consent or approval of the Committee to any matter requiring Committee consent or approval may be proved conclusively by a certificate signed by any member of the Committee.
9.18. Each Cluster Association shall keep all Residential Cluster Reserved Areas owned by it and all improvements therein or thereon, in good order and repair, including but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. If the opinion of the Committee, any Cluster Association fails to perform the duties imposed by the preceding sentence, the Committee, after fifteen (15) days written notice to the Cluster Association to remedy the condition in question, shall have the right, through its agents and employees, to enter upon Residential Cluster Reserved Areas in question and to repair, maintain, repaint and restore said Residential Reserved Cluster Areas and the cost thereof, including interest thereon to the date of payment at the maximum permissible FHA interest rate, which costs and interest thereon and all costs of collection, including a reasonable attorney's fee, shall be a binding personal obligation of such Cluster Association as well as a continuing lien enforceable in the same manner as assessments levied hereunder.
use restrictions
10.1. The following restrictions are imposed upon each Lot and Living Unit for the benefit of every other Lot and Living Unit included in The Properties and may be enforced by the Developer, the Association, the Cluster Association and any Owner:
(a) Living Units shall be used for residential purposes only;
(b) Tanks for the storage of fuel maintained on any Lot shall be buried;
(c) No poultry house or yard, or rabbit hutch shall be constructed or maintained on any Lot. No fowl or animals, other than a reasonable and usual number of unobjectionable household pets, shall be kept on any Lot or in any Living Unit. The Committee, in its discretion, may, from time to time, publish and impose reasonable regulations setting forth the type and number of animals that may be kept on any Lot or any Living Unit;
(d) No garbage, rubbish, junk, cuttings, or other refuse shall be deposited or permitted to remain on any Lot unless placed in a closed container. The Committee, in its discretion, may adopt and promulgate reasonable rules and regulations relating to the size, shape, color and type containers permitted and the manner and location of storage of the same on the Lot;
(e) No building material of any kind or character shall be placed upon any Lot except in connection with construction approved by the Committee as hereinbefore provided;
(f) Clothes lines and drying racks shall be screened or so located as not to be visible from any point in adjacent Lots;
(g) Boats, boat trailers, camping trailers, camping vehicles and the like kept on any Lot shall be kept entirely inside a garage or screened so as not to be visible from any point or adjacent Lot;
(h) There shall not be installed, kept or maintained on any Lot or Living Unit an antenna or aerial of any kind or description which is visible from any point on an adjacent Lot, provided, however, Developer shall have the right to erect master antenna towers or aerials;
(i) No sign of any kind shall be displayed on any Lot or structure or from the windows of any structure, except one (1) painted sign not more than two hundred (200) square inches in size setting forth only the name and the profession, if any, of the Owner or Tenant at the time residing thereon and except for signs erected by Developer in connection with the construction, lease or sale of buildings and Lots or other parcels of The Properties;
(j) No excavation shall be made on any Lot, the Common Land, or any Residential Cluster Reserved Area except in connection with construction or grading approved by the Committee;
(k) Telephone and power lines and other utilities shall be connected to structures located on the Properties only by underground conduit;
(l) No unregistered or inoperable motor vehicle shall be moved onto or kept on any Lot in such a manner as to be visible from any point on an adjacent Lot or the street;
(m) No motor vehicle or trailer of any kind shall be dissembled, serviced or repaired on any Lot in such manner as to be visible from any point on an adjacent Lot or the street;
(n) No motor vehicle other than passenger cars shall be parked on any Lot in such manner as to be visible from any adjacent Lot or the street.
reserved easements
11.1. Developer reserves to himself, his heirs, successors and assigns, easements in, on, over and under the "easement area" as hereinafter defined, of The Properties for all or any of the following uses and purposes:
(a) Service boxes, wires and conduits for the transmission of electricity, telephones and other purposes and for the necessary attachments in connection therewith;
(b) Storm water drains, sewer, water and gas mains and pipes;
(c) Any other method of conducting and performing any public or quasi-public utility or service function over or beneath the surface of the ground;
(d) Community antenna services for television; and
(e) Installing, replacing, repairing and servicing any of the foregoing.
11.2. The term "easement area", as used herein, shall mean and refer (i) to those areas of The Properties with respect to which easements are shown on a recorded subdivision plan or other plan thereof and resulting thereto; or (ii) if no easements are shown on any such plan or plans, to a strip of land within the lot lines of each Lot shown on a recorded subdivision plan three (3) feet in width in the front and rear of the Lot and three (3) in width on each side, each said distance being measured in each case from the lot line toward the center of the Lot.
11.3. Developer, his agents, his successors and assigns, shall have the right to enter upon The Properties for any of the purposes for which said easements and rights of way are reserved, provided, however, that such entry shall not unreasonably interfere with the quiet enjoyment thereof by the Owners, occupants or users thereof.
11.4. Notwithstanding any provision in this Article XI, none of the rights herein reserved shall be exercised without the prior written consent of all bona fide lending institutions holding mortgages on premises to be affected by said rights, which consent shall not be unreasonable withheld.
amendments
12.1 The Covenants and Restrictions set forth herein or in any declaration supplementary hereto may be amended at any time during the first twenty (20) years following the recording of this Declaration in the Middletown Land Records by a vote of nine-tenths (9/10) of the votes of the Members who are voting in person or by proxy, and thereafter by a vote of three-fourths (3/4) of the votes of the Members who are voting in person or by proxy, provided:
(a) No such amendment shall be effective unless written notice of the proposal thereof shall be sent to every Member of the Association at least ninety (90) days in advance of the meeting at which the same is considered;
(b) No such amendment shall effect or alter paragraphs 4.11, 6.11, 7.1a and 7.1b herein; and
(c) An instrument setting forth such amendment and signed by the Secretary of the Association in the same manner required for the conveyance of real property is recorded in the land records of each town or city in which this Declaration is recorded.
The above document is a transcribed copy. In case of a conflict between this document and the formal printed document, the printed document shall control.