Section 1. Site Development/Architectural Control Committee

• 1.1 An Architectural Control Committee shall be established by the Developer and shall at all times consist of the Developer and one or more persons appointed by the Developer, until such time as the Developer elects not to serve, then the Association shall appoint three (3) such members; all members appointed by the Association shall be Co-Owners in Florey's Ranch Estates. The Architectural Control Committee shall assist lot owners in complying with the development restrictions set forth in Articles VI and VII of the Bylaws.
• 1.2 Except as otherwise provided herein, a majority of the members of the Committee shall have the power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may act only by written instrument setting forth the action taken and signed by the members of the Committee consenting to such action, provided further, however, that the Developer's consent shall be required for all Committee action, until such time as the Developer elects not to serve on the Committee.

Section 2. Architectural Control Committee Approval

• 2.1 No lot owner shall construct, alter, or maintain any improvements on a lot until all o0f the following have been completed:
  • (a) The lot owner has submitted to the Committee two complete sets of preliminary sketches showing floor plans, exterior elevations, deck and/or patio sizes, if applicable, and an outline specification for materials and finishes.
  • (b) The Committee has approved the preliminary sketches.
  • (c)Upon approval of preliminary sketches, the lot owner has submitted to the committee two complete sets of plans and specifications therefor, in a form satisfactory to the Committee, showing insofar as is appropriate:
    • (1)The size, dimensions and style of the improvements, including, by way of illustration and not limitation, the dwelling, the garage and any permitted outbuildings (storage facilites, gazebos,etc.):
    • (2) The exterior design and building materials
    • (3)The exterior color scheme
    • (4) The approximate location of the improvements on the lot, including, by way of illustration and not limitation, the dwelling, the garage and any permitted outbuildings (storage facilities, gazebos, etc.): and
    • (5) The approximate location of the driveways, parking areas and landscaping (including location and construction of all fences or walls, recreational facilities, and utilities).
    (d) Such plans and specifications have been approved in writing by the Committee
    
    Approval of the plans and specifications described above may be withheld, not only because of the non-compliance with any of the restrictions and conditions contained herein, but also because of the reasonable dissatisfaction of the Committee as to the location of the structure on the lot, color scheme, finish design, proportions, shape, height, type or appropriateness of the proposed improvement or alteration, the materials used therein, the kind, shape or type of roof proposed to be placed thereon, or because of its reasonable dissatisfaction with any matters or things which, in the reasonable judgment of the committee would render the proposed improvement inharmonious or out of keeping with the objectives of the Developer or the improvements erected in the immediate vicinity of the lot. The Committee shall have the authority to conduct periodic site inspections to insure compliance with previously approved plans and specifications, as well as with construction agreements. The Committee shall submit written notice to an owner of any and all instances of noncompliance.
• 2.2 If at any time a lot owner shall have submitted to the Committee plans and specifications in accordance with this section for a structure or alteration, and the Committee has neither approved such plans and specifications within thirty (30) days from the date of submission nor notified the lot owner of its objection with such 30-day period, then such plans and specificaitons shall be deemed to have been approved by the Committee. In the event that a lot owner shall file revised plans and specifications for a structure or alteration with the Committee after receiving objections from the Committee with respect to original plans and specifications, and the Committee has neither approved them nor notified the lot owner of further objections within thirty (30) days from the date of submission, then such revised plans and specifications shall be deemed to have been approved by the Committee.

Section 3. Character of Building

• 3.1 The Developer recognizes that there can be an infinite number of concepts and ideas for the development of lots consistent with its plan for Florey's Ranch Estates. The Developer wishes to encourage the formulation of new or innovative concepts and ideas. Nevertheless, for the protection of all lot owners, and for the preservation of the Developer's concept for the development of the area, the Developer wishes to make certain that any development of a lot will be consistent with its plan for Florey's Ranch Estates, including the following:
  • (a) No building shall be erected on any Lot except a single, private dwelling to be occupied by not more than one (1) family, for residential purposes only, with an attached two (2) or more car garage, and with or without a permitted outbuilding; specific outbuildings may not be permitted at the sole discretion of the Committee.
  • (b) Each dwelling constructed on a Lot shall have a minimum of 1,450 square feet of finished living area, excluding any garage, basement (unless such area complies with the BOCA requirements for living area), porch, breezeway, or entranceway, as determined by the provisions of the most current BOCA National Building Code. As to one and one half (1½) or two (2) story dwellings, the ground floor (above grade) of such dwellings must have a minimum of 850 square feet.
  • (c) All buildings shall be limited to thirth-five (35) feet in height above the mean ground level of the building foundation area.
  • (d) Mobile homes, double wide mobile homes, any other factory built structures which have metal frames or titles (whether referred to as "modular" or not) shall not be permitted. No trailers, motor homes, mobile homes, basement homes, tents, shacks, garages, barns or other outbuildings shall be utilized as a residence on a temporary or permanent basis. Factory stick-build BOCA modular or panelized structures constructed with conventional building materials may be permitted at the sole discretion of the Committee.
  • (e) All exteriors will be rustic in appearance, composed only of natural wood (with redwood, cedar or logs preferred), bricks and/or stone; the use of vinyl siding may be permitted with the prior written approval of the Committee. Colors will be natural, rustic, earth-tone hues with flat finishes preferred.
  • (f) All roofing materials shall be high quality and be natural colored. The minimum roof pitch shall exceed 6/12 pitch.
  • (g) Windows, all window frames, casings, sills and lentils will be of wood, vinyl or aluminum clad (painted).
  • (h) All construction materials shall satisfy all applicable building code requirements.
  • (i) All garages and any outbuilding must be architecturally related to the dwelling and constructed only of materials permitted for the construction of residences. Outbuildings must match the overall color scheme of the buildings and may not have metal exteriors.

Section 4. Construction.

• 4.1 The living area of any dwelling (including porches and decks for the purposes of this Section 4.1 only), the attached garage and any permitted outbuilding shall comply with the applicable zoning ordinance setback requirements. The Committee has the right to require larger and/or different front, side and/or rear setbacks on individual lots so as to preserve the views of adjacent parcels and so as to create a pleasing appearance from the public and/or private access roadways. No structures, improvements (except driveways, decorative fencing and septic systems) or storage (including firewood) will be permitted in any of the setback areas.
• 4.2 All stumps, trees and brush, cut or cleared to provide for dwelling and/or driveway construction, must be removed from the lot, except timber cut and saved for firewood, within one (1) month of the commencement of clearing activity.
• 4.3 The exterior of any improvement shall not remain incomplete for a period of longer than six (6) months from the date upon which the construction of the improvement was commenced without the approval of the Committee prior to the expiration of said period, and all construction shall be pursued diligently to completion. No dwelling shall be occupied until a final Certificate of Occupancy permit has been received for that dwelling. Construction of a dwelling shall be commenced only prior to or together with the construction of the attached garage. Outbuildings may be constructed prior to the dwelling provided that construction of the dwelling is completed within 18 months of the commencement of construction of the outbuilding.
• 4.4 All land cuts caused by driveway installation or home construction must be stabilized in accordance with applicable permits.
• 4.5 Each Lot owner shall be responsible for any damage to a common area or its improvements which occurs as a result of construction on the owner's lot and all such damage shall be repaired within thirty (30) days of occurrence by the responsible lot owner.
• 4.6 Any debris resulting from the construction or improvement or alteration of a lot shall be removed with all reasonable dispatch from the lot in order to prevent an unsightly or unsafe condition, but in no event later than one (1) year after the commencement of construction activity.

Section 5. Landscaping/Grade

• 5.1 Natural groundcover, wood chips or other natural plantings that are indigenous to the wooded areas are encouraged.
• 5.2 Existing trees and natural cover (wildflowers, groundcover, shrubs, etc.) shall be preserved wherever possible and practical.
• 5.3 The grade of the respective lots shall be maintained in harmony with the topography of the area and with respect to adjoining lots.
• 5.4 In the interest of preserving the existing established condition of natural slopes, the owner shall maintain groundcover to prevent water and wind erosion to their lot.
• 5.5 All improvements shall be located so as to comply with the setback restrictions as described in Section 4.1 of this Article VI and as shown on Exhibit "B" attached hereto, and shall comply with all applicable zoning and building codes and/or ordinances.
• 5.6 The location of all improvements shall be designed and located so as to be compatible with the natural surroundings and with the other lots.
• 5.7 Any and all landscaping necessary to restore the lot to its pre-construction status must be completed within six (6) months after the date of completion of the exterior of the improvement.

Section 6. Miscellaneous

• 6.1 No perimeter fencing will be permitted to be installed on any lot, except wooden decorative, split rail fencing of the standard two rail variety, with rail lengths of ten (10) feet and heights not to exceed thirty-eight (38) inches along lot boundaries and except for livestock fencing constructed of vinyl featuring three rails and not exceeding forty-eight (48) inches in height. For the purpose of uniformity, the distance from the road to any such permiter fencing shall be determined by the Committee. No chain link fences will be permitted on any lot for any purpose or reason, with the exception that one (1) dog kennel or run (or children's play area) may be approved by the Committee; the kennel or run must not be visible from the public and/or private access roadways and its exact location must be approved by the Committee.
• 6.2 All garbage and refuse shall be promptly disposed of so that it will not be objectionable to neighboring property owners. No outside storage for refuse or garbage shall be maintained or used unless the same shall be properly concealed.
• 6.3 No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept only in sanitary containers, which shall be kept out of view of the roadways. Garbage containers shall not be left at the road for more than 24 hours in any one week.
• 6.4 Carports are specifically prohibited.
• 6.5 No exposed concrete or concrete blocks shall be permitted on any exterior except for foundation walls which may be exposed to a maximum height of 18" above the finished ground level (grade). Any concrete or concrete block wall which exceeds eighteen (18) inches in height above finished grade must be covered with an approved exterior finish material.
• 6.6 All utiites, including telephone cable, if any, and electric, shall be underground from the private ways to all structures. Overhead utility service is not permitted on any lot for other than temporary uses.
• 6.7 Fuel tanks for heating and cooking purposes shall be limited to propane, unless and until the project is serviced by natural gas. Propane gas tanks shall be located in such areas so as to be as inconspicuous as possible and screened from direct view with shrubbery, fencing, or other materials approved by the Committee.
• 6.8 Allo driveways and parking areas must at least be constructed of gravel or chip and tar, although blacktop or cement is preferred.
• 6.9 Above ground swimming pools, hot tubs, and whirlpools will be permitted. Each lot owner shall be solely responsible to insure limited access to any pool, hot tub or whirlpool and shall be solely responsible for constructing or installing all necessary (or required) safety measures.
• 6.10 The Committee shall have the right to waive or vary any of the restrictions contained in this Article VI in such cases as the Committee, in its sole judgment, shall deem to be in the best interest of those owning property in Florey's Ranch Estates, as long as any such modified restriction is in substantial conformity with the Developer's intent for the Project.

ARTICLE VII

DEVELOPMENT RESTRICTIONS

• Section 1. No lot shall be used for other than single-family residential purposes, and recreational uses incidental thereto and the common elements shall be used only for purposes consistent with the use of single-family residences; not more than one single family dwelling, garage and other permitted outbuildings or structures shall be permitted on each lot.
• Section 2. A Co-owner may lease his unit for the same purposes set forth in Section 1 of this Article VII, provided that written disclosure of such lease transaction is submitted to the Board of Directors of the Association in the same manner as specified in Section 12 of this Article VII. The terms of all leases, occupancy agreements and occupancy arrangements shall incorporate, or be deemed to incorporate, all of the provisions of the Condominium Documents. No Co-Owner shall lease his unit for a term less than one (1) year. The provisions of this Section shall also apply to a Co-Owner who places his unit on rental management; in which case, the rental managment agreement shall be submitted as if a lease in accordance with Section 12 of this Article. It shall be each Co-Owner's responsibility to insure that each tenant or occupant of his unit abides by all provisions of the Condominium Documents.
• Section 3. No immoral, improper, unlawful or offensive activity shall be carried on in any unit or upon the common elements, limited or general, nor shall anything be done which may or becomes an annoyance or a nuisance to the Co-Owners of the Project, nor shall any unreasonably noisy activity be carried on in any unit or on the common elements. No Co-Oner shall do or permit anything to be done or keep or permit to be kept in his unit or on the common elements anything that will increase the rate of insurance on the Project without the written approval of the Association and the responsible 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.
• Section 4. The common elements, limited or general, shall not be used for storage of supplies, materials, personal property or trash or refuse of any kind, except as provided in duly adopted rules and regulations of the Association. In general, no activity shall be carried on nor condition maintained by a Co-Owner either on his unit or upon the common elements which spoils the appearance of Florey's Ranch Estates. No Lot shall be utilized for storage of any kind, including, but not limited to, inoperative vehicles.
• Section 5. No house trailers or commercial vehicles (except light commercial vehicles used in the lot owner's employ) may be parked or stored upon a lot for extended periods of time, except within a garage or permitted outbuilding.
• Section 6. No signs or other advertising devices shall be displayed which are visible from the exterior of a unit or on the common elements, with the exception of "For Sale" signs, without written permission from the Committee.
• Section 7. No animals of any kind shall be raised, kept or permitted upon the lots or any part thereof other than usual household pets i.e. dogs, cats and/or birds, and/or horses (in conformity with any and all Township restrictions). Such animals are not to be kept, bred or raised for commercial purposes or in unreasonable numbers i.e. no more than two (2) household pets per lot and/or no more than one (1) horse per two and one-half (2½) acres contained within the lot, and are to be reasonably controlled to avoid their being a nuisance to other lot owners or neighboring property owners. Pets shall not be allowed to run free. Pet owners must perform any clean-up after their pets to remove and appropriately dispose of waste materials. All animals shall be subject to such rules and regulations as the Committee shall from time to time adopt.
• Section 8. Reasonable regulations consistent with the Act, the Master Deed and these Bylaws, concerning the use of the common elements may be made and amended from time to time by any Board of Directors of the Association, including the First Board of Directors (or its successors elected by the Developer) prior to the First Annual Meeting of the entire Association held as provided in Article 1, Section 8, of these Bylaws. Copies of all such regulations and amendments thereto shall be funished to all Co-Owners and shall become effective thirty (30) days after mailing or delivery thereof to the designated voting representative of each Co-Owner. Any such regulation or amendment may be revoked at any time by the affirmative vote of more than seventy-five (75% percent of all Co-Owners in number except that the Co-Owners may not revoke any regulation or amendment prior to said First Annual Meeting of the entire Association.
• Section 9. The Association or its duly authorized agents shall have access to each unit (but not the improvements (buildings) constructed thereon) 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 agents shall also have access to each unit and any limited common elements appurtenant thereto at all times without notice as may be necessary to make emergency repairs to prevent damage to the common elements or to another unit.
• Section 10. Each Co-Owner shall maintian his unit and any limited common elements for which he has maintenance responsibility in a safe, clean and sanitary condition and in an environmentally friendly manner. Fertilizers, pesticides, paints, cleaners, etc. should be utilized in appropriate manner so as to minimize the risk of environmental contamination and/or impact. No Lot owner shall be permitted to burn or permit the burning of household refuse. 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 and systems and 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 him, or his family, guests, agents or invitees, unless such damages or costs are covered by insurance carried by the Association in which case there shall be no such responsibility (unless reimbursement to the Association is excluded by virtue of a deductible provision, in which case the responsible Co-Owner shall bear the expense to the extent of the deductible amount). Any costs or damages to the Association may be assessed to and collected from the responsible Co-Owner in the manner provided in Article II hereof.
• Section 11. None of the restrictions contained in this Article VII shall apply to the commercial activities or signs, if any, of the Developer during the development and sales period as defined hereinafter, or of the Association in furtherance of its powers and purposes set forth herein and in its Articles of incorporation and Bylaws as the same may be amended from time to time, or of any builder (with the express written consent of the Developer). For the purposes of this section, the development and sales period shall be deemed to continue so long as Developer owns any unit which he offers for sale. Until all units in the entire Project are sold by Developer, Developer shall have the right to maintain a sales office, a business office, a construction office, storage areas, reasonable parking incident to the foregoing and such access to, from and over the Project as may be reasonable to enable development and sale of the entire Project by Developer. Developer shall restore the areas so utilized to habitable status upon termination of use.
• Section 12.
  • (a) A Co-Owner, including the Developer, desiring to rent or lease a Condominium lot, shall disclose that fact in writing to the Association at least ten (10) days before presenting a lease form or otherwise agreeing to grant possession of a Condominium lot to a potential lessee and at the same time shall supply the Association with a copy of the exact lease form for its review for compliance with the Condominium Documents; if no lease form is to be used, then the Co-Owner or Developer shall supply the Association with the name and address of the potential lessee along with the rental amount and due dates under the proposed agreement.
  • (b) Tenants or non Co-Owner occupants shall comply with all of the conditions of the Condominium Documents of the Condominium Project and all leases and rental agreements shall so state.
  • (c) If the Association determines that the tenant or non Co-Owner occupant has failed to comply with the conditions of the Condominium Documents, the Association shall take the following action.
    • (1) The Association shall notify the Co-Owner by certified mail advising of the alleged violation by tenant
    • (2) The Co-Owner shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Association that a violation has not occurred.
    • (3) If after fifteen (15) days the Association believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the Co-Owners on behalf of the Association, if it is under control of the Developer, an action for both eviction against the tenant or non Co-Owner occupant and, simultaneously, for money damages against the Co-Owner and tenant of non Co-Owner occupant for breach of the conditions of the Condominium Documents. The relief set forth in this section may be by summary proceeding. The Association may hold both the tenant and the Co-Owner liable for any damages to the general common elements caused by the Co-Owner or tenant in connection wtih the Condominium lot or the Condominium Project.
  • (d) When a Co-Owner is in arrearage to the Association for assessments, the Association may give written notice of the arrearage to a tenant occupying a Co-Owner's Condominium lot under a lease or rental agreement and the tenant, after receiving the notice, shall deduct from rental payments due the Co-Owner the arrearage and future assessments as they fall due and pay them to the Association. The deductions do not constitute a breach of the rental agreement of lease by the tenant. If the tenant, after being notified, fails or refuses to remit rent otherwise due the Co-Owner to the Association, then the Association may do the following:
    • (1) Issue a statutory notice to quit for non-payment of rent to the tenant and shall have the right to enforce that notice by summary proceeding.
    • (2) Initiate proceedings pursuant to subsection 13(c)(3) above.
• Section 13. Only satellite dishes of eighteen (18) inches or less in diameter may be installed on a lot and any such satellite dishes installed, must be inconspicuous; any other antennas must be approved in advance by the Committee.
• Section 14. No outdoor property night lights of any kind shall be permitted to cast its direct rays beyond any of the boundary lot lines of the lot in which it is installed or maintained. Although properly shielded timed or automatic lighting devices will be permitted, no form of dusk to dawn lighting will be permitted to be in operation unless that area of the lot is being utilized at the time by a lot owner or guest of a lot owner.
• Section 15. As the Developer's intent is to preserve the wildlife and natural habitats of the area, each unit owner shall minimize its environmental impact and minimize the risk of environmental contamination or hazards to any common element or to his unit.
• (a) No person shall use any common element or their unit as a dump or landfill or as a facility for waste treatment, storage or disposal.
• (b) No person shall cause or permit the release or disposal of any petroleum products or hazardous subtstances on any common element or their unit.
• (c) No person will conduct any operations or activity on the Project Premises in violation of any federal, state or local environmental law.
• (d) Each unit owner shall not permit any condition to exist on the Project Premises in violation of any federal, state or local environmental law.
• (e) Each unit owner shall immediately notify all appropriate governmental agencies of any release or threatened release of hazardous substances or petroleum products within any common element of the Project or his unit.
• (f) Each unit owner shall immediately notify the Developer and the Association of any communicaiton from any governmental agency regarding any release or threatened release of hazardous substances or petroleum products on or relating to any common element or his unit and upon request of the Developer or the Association, each unit owner shall provide the Developer with copies of all documents relating to such communications.

Section 16. The recreational areas in Florey's Ranch Estates, inclding the recreational easements, are for pedestrian recreational use (hiking, biking, cross-country skiing and horseback riding only) by the Co-Owners and their gurests only, subject to all reserved rights created herein. The Association is permitted to utilize vehicles on such areas to install recreational facilities and in furtherance of any maintenance activities and the Developer, and its agents, successors and assigns, is permitted to utilize vehicles on such areas pursuant to its reserved oil, gas and mineral rights and otherwise. Except as permitted herin, no motorized vehicles of any type (including by way of inclusion and not limitation, snowmobiles, ATVs, and trail bikes) shall be allowed on the recreational areas at any time. The Developer and/or the Association is permitted to trim and/or remove selected trees so as to provide access to the recreational easements, to enhance views and otherwise. Except as permitted herein, Co-Owners will not be permitted to maintain improvements, whether temporary or permanent, upon these areas, nor disturb in any way the natural attributes of this area.

Section 17. The Committee shall have the right to waive or vary any of the restrictions contained in this Article VII in such cases as the Committee, in its sole judgment, shall deem to be in the best interest of those owning property in Florey's Ranch Estates, as long as any such modified restriction is in substantial conformity with the Developer's intent for the Project.