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COVENANTS & BY-LAWS
Combined phase 1 and 2 covenants Wynstone Great Nature, Great Family, Great Living Experience the Difference
WYNSTONE DEVELOPMENT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (PHASE 1 AND PHASE 2 COMBINED) Original Covenants and Amendments filed with Union County Court Combined Covenants Document for Informational Purposes Only Times New Roman = Original Text Arial = Amendments _______________________________________________________ WYNSTONE DEVELOPMENT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (PHASE 1 AND PHASE 2 COMBINED)
THIS DECLARATION, made this 15th day of May, 1997, by Wynstone Development Corporation, of Union County, South Dakota, hereinafter referred to as "Declarant", fee owner of that certain real estate legally described as: Wynstone Phase 1 in part of Section 1 and accretion thereto and part of Section 2 and accretion thereto all in Township 29 North, Range 7 East of the 6th Principal Meridian and in part of Minor Tract 2 of Section 25, Township 30 North, Range 7 East of the 6th Principal Meridian and part of Section 36 and accretion thereto in Township 30 North, Range 7 East of the 6th Principal Meridian, all in Union County, South Dakota, which includes the following:
Lots 1-24, inclusive, Wynstone First Addition of Wynstone Phase 1, Lots 25-30, inclusive, Wynstone Second Addition of Wynstone Phase 1, Lots 31-37, inclusive, Wynstone Third Addition of Wynstone Phase 1, Lots 38-44, inclusive, Wynstone Fourth Addition of Wynstone Phase 1, Lots 45-54, inclusive, Wynstone Fifth Addition of Wynstone Phase 1, Lots 55-60, inclusive, Wynstone Sixth Addition of Wynstone Phase 1, Lots 61-67A, 67B, and 67C, inclusive, Wynstone Seventh Addition of Wynstone Phase 1, Lots 68-73A, 73B, 73C and 73D, inclusive, Wynstone Eighth Addition of Wynstone Phase 1, Lots 74-84, inclusive, Wynstone Ninth Addition of Wynstone Phase 1, Lots 85-94, inclusive, Wynstone Tenth Addition of Wynstone Phase 1, Lots 95-104, inclusive, Wynstone Eleventh Addition of Wynstone Phase 1, and Lots 105-114, inclusive, Wynstone Twelfth Addition of Wynstone Phase 1,
and Wynstone Phase 2 of Tract 14, Wynstone Phase 1, and Dailey Tract 5 in Section 36, Township 30 North, Range 7 East of the 6th P.M., and accretion thereto; all in Union County, South Dakota, which includes the following:
Lots 1-10, inclusive, Wynstone First Addition of Wynstone Phase 2, Lots 11-17, inclusive, Wynstone Second Addition of Wynstone Phase 2, Lots 18-25, inclusive, Wynstone Third Addition of Wynstone Phase 2, Lots 26-30, inclusive, Wynstone Fourth Addition of Wynstone Phase 2, Lots 31-36, inclusive, Wynstone Fifth Addition of Wynstone Phase 2, Lots 37-43, inclusive, Wynstone Sixth Addition of Wynstone Phase 2, Lots 44-51, inclusive, Wynstone Seventh Addition of Wynstone Phase 2, Lots 52-58, inclusive, Wynstone Eighth Addition of Wynstone Phase 2, Lots 59-65, inclusive, Wynstone Ninth Addition of Wynstone Phase 2, Lots 66-72, inclusive, Wynstone Tenth Addition of Wynstone Phase 2, Lots 73-82, inclusive, Wynstone Eleventh Addition of Wynstone Phase 2, Lots 83-91, inclusive, Wynstone Twelfth Addition of Wynstone Phase 2,
all of which real estate shall hereinafter be referred to as the "Property". Declarant intends by this Declaration to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of real property within the Property. Declarant desires to provide a flexible and reasonable procedure for the overall development of the Property, and to establish a method for the administration, maintenance, preservation, use, and enjoyment of such Property as is now or hereafter subjected to this Declaration.
NOW, THEREFORE, Declarant does hereby impose and charge the Property with the covenants, agreements, easements, restrictions, conditions, and charges hereinafter set forth, hereby specifying that all of said Declarations shall constitute covenants to run with the land and shall be binding on all parties having any right, title, or interest in the Property or any portion of the Property, their heirs, successors, assigns, and all persons claiming under them, said Declarations being intended to inure to the benefit of each owner of the Property or any portion thereof and, further, said restrictions and covenants being designed to keep said Property uniform and to insure the highest and best residential use of said Property. ARTICLE I DEFINITIONS 1. Definitions. The following words when used in this Declaration shall have the meanings set forth below:
a. "Assessment" shall mean a quarterly or a special assessment assessed against any Lot pursuant to the provisions of Article IV of this Declaration.
b. "Association" shall mean Wynstone Homeowners Association, a South Dakota non-profit corporation, as well as its successors and assigns.
c. "Board" shall mean the Board of Directors of the Association.
d. "By-laws" shall refer to the By-laws of the Association, attached hereto as Exhibit "A" and incorporated herein by this reference, as they may be amended from time to time.
e. "Common Areas" shall mean the roads, ponds, bridges, walkways, parks, trails, signs, and gates as shown upon the plats of the Property, which said Common Areas include but are not limited to the road currently known as Wynstone Drive. Said Common Areas shall be conveyed to the Association by Declarant. "Common Areas" shall also mean any other real estate purchased by the Association, in the future, for purposes of benefiting the Owners of Lots within the Property.
f. "Lot" shall mean any plot of land shown upon any recorded subdivision plat of the Property, with the exception of Common Areas.
g. "Member" shall mean an Owner in his or her capacity as a member of the Association as provided in Article II.
h. "Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to any Lot except that, where a Lot is being sold on a contract for deed and the contract vendee is in possession, then the vendee and not the vendor shall be deemed to be the "Owner". Under no circumstances shall Owner refer to any mortgagee unless and until the mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
1. Governance of Association. Except as otherwise controlled below, the operation of the Association shall be governed by the Articles and By-laws of said Association.
2. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot.
3. Association Responsible for Maintenance and Repair of Roads/Associated Duties. The Association shall be responsible for the maintenance and repair of all of the roads that are shown upon the plats of the Property, including Wynstone Drive, and for the snow removal and general upkeep of such roads. Further, the Association shall be responsible for the maintenance and repair of all other Common Areas located within the Property which Declarant may dedicate to the Association or which the Association may otherwise acquire. The Association shall also be responsible for the maintenance of any common easements and utilities in connection with such roads. The Association shall also have the duty to fix, levy, collect, and enforce payment of all charges and assessments therefore.
4. Voting. Members shall be entitled to one vote for each Lot subject to assessment. When more than one person holds an interest in any such Lot, all such persons shall constitute one Member. The vote for each such Lot shall be exercised as the persons holding an interest in that Lot among themselves determine, but in no event shall more than one vote per Lot be cast. Unless otherwise provided herein or in the By-Laws of the Association, the vote of a majority of a quorum of the Members of the Association, whether taken at a formal meeting or by writing in lieu thereof, shall be sufficient for the transaction of the Association's business.
5. Meetings. Subject to the By-laws of the Association, the Members of the Association shall meet at least annually, upon ten (10) days written notice to the Members. The Members of the Association shall elect such directors, officers, and committees as permitted by the By-laws of the Association. Nothing herein shall prevent the waiver of notice of meetings by attendance at such meetings or the informal consent of Members to actions taken. The By-laws of the Association shall provide for the use of proxies.
ARTICLE III COMMON AREAS 1. Property Rights in the Common Areas. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title to his or her Lot, subject to:
a. this Declaration as it may be amended from time to time and to any restrictions or limitations contained in any deed conveying such property to the Association;
b. the right of the Association to limit the number of guests, and to adopt rules regulating the use and enjoyment of the Common Areas;
c. the right of the Board to suspend the right of an Owner to use any facilities within the Common Areas (i) for any period during which any charge against such Owner's Lot remains delinquent, and (ii) for a period not to exceed thirty (30) days for a single violation or for a longer period in the case of any continuing violation, of this Declaration or the By-laws, or rules of the Association;
d. the right of the Association, acting through the Board, to dedicate or transfer all or any part of the Common Areas; provided, however, the dedication or transfer of any streets or roads which are part of the Common Areas and which are necessary for ingress and egress to and from any Lot shall be subject to the Owners' nonexclusive easement of use, access, and enjoyment in and to the Common Areas.
2. Delegation of Use. Any Owner may delegate, subject to the provisions hereof, his or her right of enjoyment to the Common Areas and any Association facilities to his or her tenants or contract purchasers who occupy the Owner's Lot.
ARTICLE IV COVENANT FOR QUARTERLY AND SPECIAL ASSESSMENTS
1. Creation of the Lien and Personal Obligation for Assessments. The Owners, for each Lot owned by them within the Property, hereby covenant, and each subsequent Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) quarterly assessments or charges, and
(ii) special assessments for capital improvements or capital equipment to be owned by the Association, such assessments to be established and collected as hereinafter provided. The quarterly and special assessments due with respect to each Lot, together with interest, costs and reasonable attorneys' fees, shall be a charge on and a continuing lien against such Lot. Quarterly assessments shall become a lien upon each Lot as of the first day of each calendar quarter of the year in which such assessment is due and payable. Special assessments shall become a lien on the earliest date any part of the same is due and payable. Quarterly assessments and special assessments shall be due and payable as determined by the Board. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due.
2. Purpose of Assessments. The quarterly assessment levied by the Association shall be used as provided for in the annual budget adopted by the Board and approved by the Members of the Association at its annual meeting, which shall include but not be limited to the payment of the following items: a. any real estate taxes and assessments levied by any taxing authority on the Common Areas; b. cost of utilities; c. cost of insurance; d. maintenance, repair and improvement of the Common Areas which shall include all roads, gates, ponds, fountains, bridges, walkways, sidewalks, parks, trails, signage, lighting, buildings and equipment; e. snow and ice removal and general lawn and landscaping maintenance to the Common Areas; f. acquisition of personal property items such as lawn, snow, and playground equipment; g. funding of an adequate reserve fund which fund shall be maintained for purposes adopted by the Board which purposes may include maintenance, repair, and replacement of the roads and sidewalks and/or emergency uses, e.g. storm cleanup; and h. capital improvements as provided in the annual budget. (Amendment No. 2)
3. Special Assessments for Capital Improvements. In addition to the quarterly assessments authorized above, the Association may levy, in any calendar year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of (i) a capital improvement upon the Common Areas (including all roads, gates and ponds within the Property), including fixtures and personal property related thereto or (ii) capital equipment to be owned by the Association, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose.
4. Notice and Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 of this Article shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the scheduled meeting, the presence of Members or of proxies entitled to cast a majority of all the votes of the Members shall constitute a quorum. If less than a majority of the outstanding votes are represented at a meeting, a majority of the votes so represented may adjourn the meeting to a future time with a minimum three (3)-day notice to all Members. At such adjourned meeting held at the appointed future time, the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. 5. Uniform Rate of Assessment. Both quarterly and special assessments shall be fixed at a uniform rate per Lot and no assessment may be made on a front foot or other basis. During the first three (3) years that this Declaration shall be in place, Declarant shall not be required to pay any portion of the quarterly or special assessments assessed against any Lot owned by Declarant which is associated with snow removal or related winter maintenance.
6. Date of Commencement of Quarterly Assessments; Due Dates. The Board shall fix the amount of the quarterly assessment provided for herein against each Lot subject to assessment at least thirty (30) days in advance of each quarterly assessment period. The initial quarterly assessment period shall commence on the first day of the month following the recording of this Declaration and run throughout and including the next succeeding calendar quarter (i.e. March 31, June 30, September 30, or December 31). Written notice of the quarterly assessment shall be sent to every Owner subject thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
7. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due
date at the rate of fifteen percent (15%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the same manner as a real estate mortgage may be foreclosed. No Owner may waive or otherwise escape liability for assessments by non-use of the Common Areas or abandonment of his or her Lot.
8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the foreclosure of any such first mortgage shall extinguish the lien of such assessments as to payments which become payable prior to the completion of such foreclosure or which become payable during any period of redemption and, if the assessments for which liens were extinguished cannot be collected in an action against the person personally obligated to pay them, the Association shall bear such assessments as a common cost. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V ARCHITECTURAL REVIEW COMMITTEE
1. Architectural Review Committee. The Architectural Review Committee (ARC) shall consist of at least three (3) persons, but not more than five (5) persons, at least one of whom shall be a director on the Board. The ARC shall have exclusive jurisdiction over all construction on any portion of the Lots within the Property. The ARC shall have the right to inspect such construction with regard to compliance with the guidelines set forth below and the provisions of this Declaration. The Declarant retains the right to appoint all members of the ARC, who shall serve at the discretion of the Declarant, for three (3) years from the date of this Declaration. Thereafter, the Board shall have the right to appoint all members of the ARC who shall serve at the discretion of the Board.
2. Approval of Plans. No house, other building, fence, wall, or other structure shall be commenced, erected, or maintained upon any Lot within the Property, nor shall any addition thereto or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, and location shall have been submitted in writing to, and approved in writing by, the Architectural Review Committee. The ARC shall meet with due diligence or as promptly as possible and shall respond within thirty (30) days. The ARC will not unreasonably withhold its approval but shall base its decision upon the guidelines set forth in Section 3 of this Article, together with all other provisions of this Article and this Declaration. If a decision is not rendered within said thirty day period, then the ARC shall be deemed to have denied approval.
PHASE 1: MINIMUM SQUARE FOOTAGE ADDITION MINIMUM HOUSE SIZE (S.F.)
FIRST (Lots 1-24) 3,500 SECOND (Lots 25-30) 2,200 THIRD (Lots 31-37) 2,200 FOURTH (Lots 38-44) 2,200 FIFTH (Lots 45-54) 2,200 SIXTH (Lots 55-60) 1,800 SEVENTH (Lots 61-67) 1,800 EIGHTH (Lots 68-73) 1,800 NINTH (Lots 74-84) 2,200 TENTH (Lots 85-94) 2,200 ELEVENTH (Lots 95-104) 2,200 TWELFTH (Lots 105-114) 2,200
PHASE 2:
MINIMUM SQUARE FOOTAGE ADDITION MINIMUM HOUSE SIZE (S.F.)
FIRST-TWELTH (Lots 1-12) 1,200
Cedar wood shingles or shakes, concrete tiles with natural texture and color, natural clay tiles or ribbed metal of warm colored finish (specialty areas only) are the only permitted types of roofs on homes located on Lots 1-24, inclusive, Wynstone First Addition and Lots 101-104, inclusive, Wynstone Eleventh Addition, and Lots 105-114, inclusive, Wynstone Twelfth Addition.
Other types of roofs such as fiberglass shingles, asphalt shingles in warm earth tones, and masonite shingles are permitted on the remaining Lots within the Property (in addition to those types of roofs listed in the preceding paragraph).
Roofs consisting of rolled asphalt are not permitted on any of the Lots within the Property.
In addition, large expanses of a single material, especially if unbroken by detail or depth, can become overpowering to the rest of the building form and surroundings. On the contrary, the use of too many different materials or textures can create confusion and distract from an otherwise good design.
Not Permitted:
Aluminum or steel siding (aluminum soffits & fascia ARE permitted) Plywood (except as panel infill) Cement asbestos siding All plastics (composite materials & vinyl allowed on deck & railings only) Simulated brick (Amendment No. 3)
4. Townhouses. Notwithstanding any provisions contained in this Declaration to the contrary, Lot One (1) in Wynstone First Addition of Wynstone Phase 1 may have one “townhouse” (“townhouse” is defined as a multi-family dwelling not to exceed two housing units). Any change in this Section 4 of Article V in whole or in part must be by an instrument signed and recorded by Members representing 90% or more of the Lots plus approved by the Architectural Review Committee. Notwithstanding any provisions contained in this Declaration regarding amendments, this Section 4 of Article V shall not be amended, at a regular or special meeting of the Members, unless there is a vote of at least 90% of the Members in person or by proxy.(Amendment No. 1)
The above guidelines represent minimum requirements for approval of construction plans by the ARC. However, the ARC, at its sole discretion, may waive or vary any of the above requirements for good cause. ARTICLE VI RESIDENTIAL AREAS COVENANTS
1. Land Use and Building Type. Not more than one residential structure to accommodate one immediate family shall ever be erected on one platted Lot, provided however, that a guest house or a servant's house may be erected provided such guest house or servant's house shall be used only by a bona fide guest, servant or employee of those residing in the main dwelling structure and no such guest house or servant's house shall ever be rented. Additionally, garages, gazebos, boathouses and other outbuildings may be erected with the prior written approval of the Architectural Review Committee as to location, type of construction, exterior walls and materials. All such residential dwellings shall be subject to the restrictions set forth in this Article VI.
2. Code Compliance. All building construction must comply with the restrictions and requirements as provided for by the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code and the ordinances and any amendments thereto of the County of Union.
3. Construction Site Envelope; Building Locations. Buildings, garages, outbuildings or dwelling units shall be located within the building site envelope provided by the ARC.
However, gazebos, boathouses or other recreational facilities may be located outside the building site envelope so long as they do not block the view of adjacent property owners, are an integral part of the landscaping plan, and are approved in writing by the ARC.
4. Garages. All dwellings shall have a garage which is no smaller than a double garage. All such garages must be permanently constructed, with exterior materials, appearances, and design to conform to the principal structures.
5. Outbuildings. Outbuildings may be located upon any Lot within the Property. All such outbuildings must be permanently constructed, with exterior materials, appearances, and design to conform to the principal structures. No structures of a temporary character of any kind shall be placed on any Lot at any time or used as a residence, permanently, except construction trailers and the like may be allowed as provided in the Wynstone Development Construction Procedures.
6. Removal of Soil and Grade Level. No soil shall be removed from the Property resulting from any excavation without first obtaining the written approval of the ARC. There shall be no material change in grade levels as they now exist without the written approval of the ARC.
7. Re-platting and Subdividing. Multiple adjacent Lots can be subdivided so long as any subdivision represents the combination of one whole Lot with the adjacent part of another (the portioned Lot must be immediately adjacent to the whole Lot). Also, no one, except Declarant, shall at any time in any other manner change the plat of the Property, which shall be filed by Declarant with the Union County Register of Deeds office, or dedicate any of the Property for a public thoroughfare, or permit any part of the Property to be used as a public thoroughfare.
No Lot shall be made subject to any type of time-sharing, fraction-sharing, or similar program whereby the right to exclusive use of the Lot or dwelling unit rotates among members of the program on a fixed or floating time schedule over a period of years.
8. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot within the Property, except dogs, cats, or other usual and common household pets, provided that they are not kept for any reason other than as household pets. However, those pets which are permitted to roam free on the property other than the pet owner's Lot shall be removed upon request of the Board. Also, those pets which endanger the health of property owners and other parties, make objectionable noise, or constitute a nuisance or inconvenience to the Owner of any Lot within the Property shall be removed upon request of the Board. Dogs shall at all times, whenever they are outside, be confined on a leash held by a responsible person unless the dogs are on the owner's Lot. No horses shall be kept or stabled on any of such Lots.
9. Nuisances. No noxious, offensive, or illegal trade or activity, as defined by law or as defined by the Association, nor any trade or commercial activity of any kind, shall be carried on upon any Lot within the Property nor shall anything be done which may be or become an annoyance or nuisance, as defined by law, to the neighborhood or individuals residing or owning Lots therein, except that an Owner or occupant residing therein may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) the business activity conforms to all zoning requirements for the Property; (c) the business activity does not involve persons coming onto the Property who do not reside in the Property or door-to-door solicitation of residents of the Property; and (d) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. Self-employed business where the public is invited shall not be permitted. Without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkept conditions, shall not be pursued or undertaken on any part of the Property. No portion of any Lot shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any portion of a Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding Lots.
10. Vehicle Parking. No vehicles or trailers of any kind shall be temporarily or permanently parked within the Property without being garaged unless: a. such parking is by bona fide temporary guests of the Owner or b. such parking is temporary and the vehicles are in good repair, are operable and are currently licensed.
No recreational vehicles, trailers, campers, camper trailers, boats and other watercraft, and boat trailers shall be allowed upon any Lot unless the activity associated with such recreational vehicle, trailer, camper, camper trailer, boat and other watercraft, or boat trailer is currently "in season" or unless such recreational vehicle, trailer, camper, camper trailer, boat and other watercraft, or boat trailer is parked within the garage serving said Lot. Stored vehicles and vehicles which are either obviously inoperable or do not have current operating licenses shall not be permitted upon the Lots except within enclosed garages. Any vehicle or item parked in violation of this Section 10 or in violation of parking rules promulgated by the Association may be towed and stored by said Association, all at the expense of the subject owner. (Amendment No. 2)
11. Garbage Containers and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish or storage area for any commercial equipment not contained within a dwelling. Trash, garbage or other waste shall be kept in sanitary containers, which containers shall be kept out of the front yard except on collection day. Storage of such containers while in use shall be within garages or within properly screened areas.
12. Signs. Except as expressly set forth in this Section 12, no sign of any kind shall be displayed to the public view on any Lot, except name plates or address designations. Declarant and Declarant's agents shall be allowed to erect and display such signs as shall be necessary to indicate to the public that Lots within the Property are available for purchase. Further, Owners shall be allowed to erect and display such re-sale signs as shall be necessary to indicate to the public that their Lot is available for purchase, said signs to be in keeping with the size and type of re-sale signs typically used by realtors.
13. Vacant Lots. The persons owning vacant Lots must maintain them and regularly mow them as is necessary and spray for weeds. Upon failure to do this, and after fourteen (14) days notice is given, the Association may perform such maintenance as necessary and bill the Lot owner for the expense incurred and file a lien against said Lot.
14. Landscaping. The yard associated with each Lot shall be completely landscaped within one (1) year of the date upon which the residence thereon is completed.
a. Retaining Walls. Retaining walls are acceptable where proposed grades must be in excess of 3:1. Where retaining walls are used, they shall be of a material compatible with the building architecture. No railroad ties are allowed, but landscape ties are acceptable.
b. Water Features. All water features such as ponds or fountains shall be subject to review and approval by the Architectural Review Committee. (See Section 20 for provisions for pools, spas, and similar apparatus.)
c. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted on the exterior of any Lot. Exterior sculpture, statues, and similar items shall not be allowed upon any Lot unless written approval therefore has been obtained from the Architectural Review Committee.
d. Exterior Lighting. Exterior lighting shall be reviewed and approved in writing by the Architectural Review Committee. All proposed exterior lighting shall be detailed on the final plans. No glare or hot spots will be allowed to be seen from adjacent properties. Flood lights shall be shielded fixtures. Exposed lamps are not acceptable. Any exterior house lighting, for security, landscaping, or aesthetic purposes, shall be carefully oriented to avoid directing unwanted light toward adjacent property and the roads or streets.
e. Minimum Planting Requirements. The quantities for trees were established for residential lots with no existing vegetation. Those Lots with an abundance of existing trees would be given credit for those trees preserved and the minimum requirements would be relative to that Lot and decided by the Architectural Review Committee.
MINIMUM PLANT QUANTITY ACCORDING TO PLANT TYPE
MINIMUM PLANT SIZES AT TIME OF INSTALLATON: Shade Tree: 2” – 2 1/2’’ Caliper Evergreen Tree: 5’ – 8’ Height(Heights should vary.) Ornamental Tree: 1” – 1 1/2” Caliper Deciduous Shrubs: 3 Gallon container Evergreen Shrubs: 3 Gallon container
15. Private Water Source System Not Allowed. No sprinkler or irrigation systems of any type which draw upon water from creeks, streams, rivers, lakes, ponds, wetlands, canals or other ground or surface waters within the Property shall be installed, constructed or operated within the Property. Private wells, whether for potable use or irrigation or any other use, are prohibited on the Lots within the Property. All primary lawn watering must be from the irrigation distribution side of the Wynstone Water Works system unless Wynstone Development Corporation d/b/a Wynstone Water Works approves otherwise in writing. This Section 15, however, shall not apply to the Declarant, and it may not be amended without Declarant’s written consent.(updated by Amendment #1)
16. Antennas. Satellite dishes not exceeding eighteen inches in diameter may be placed upon any Lot within the Property except in the front yard area of the Lot, for purposes of receiving television signals. No exterior antennas or aerials shall be permitted.(Amendment No. 2)
17. Air Conditioning Units. No window air conditioning units shall be installed in any dwelling upon the Property.(Amendment No. 2)
18. Energy Conservation Equipment. Unless written approval from the Architectural Review Committee is first obtained, no solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any structure within the Property. Such equipment must be an integral and harmonious part of the architectural design of a structure as determined by the Architectural Review Committee.
19. Fences. All proposed fences and walls and kennels must be approved in writing by the Architectural Review Committee prior to installation. Fences and walls shall be an extension of the house. They shall not function as property line markers, but define exterior spaces as well as screen undesirable uses or views.
Front yard fences and walls are not allowed unless they are an integral part of the house architecture.
Kennels shall be located out of view from the road or street or shall be landscaped in a fashion as to shield from view.
Under no circumstances shall untreated wood fences/walls, railroad tie retaining walls, and free standing wire fences be permitted. However, snow fences shall be permitted from November 1 to May 1 subject to prior review and written approval by the Architectural Review Committee as to the location of such snow fence.
Any wall and/or fence and/or dog kennel should be constructed of materials and colors consistent with the house or materials to compliment the house. No chain-link fences are allowed with the exception of tennis courts and swimming pools and kennels, and unless landscape screening is provided. Chain link fence around pools or tennis courts or dog kennels shall be vinyl coated of dark green or black color.
All fencing shall have the framing on the lot side of the fence. Fences shall not be erected in utility, drainage or landscape easements.
Complete rear yard fencing is not permitted as the desirability of open space and the unity of the surrounding areas is an important part of the design of Wynstone Development. Fences are discouraged in side yards, except small enclosures for mechanical equipment or trash containers, and, when approved, shall not extend beyond the sight line of adjacent houses.(Amendment No. 2) 20. Pools. In-ground pools with fencing and screening must be reviewed and approved in writing by the Architectural Review Committee, prior to installation. No aboveground swimming pools shall be erected, constructed, or installed upon any Lot. No above ground spas are permitted unless built into a deck system with spa flush to top of deck. Jacuzzis, hot tubs, spas, or any similar apparatus may be permitted if in accordance with guidelines established by the Architectural Review Committee. Equipment for pools, spas, and the like shall be completely screened from adjoining properties.
21. Utilities. All utilities shall be underground.
PHASE 1 ONLY: 22. Mailboxes. Standard design mailboxes shall be used as shown below and Owners shall pay for the installation and materials of said mailboxes. Said mailboxes must be permanently constructed with exterior materials and appearances to conform to the principal structure which will either be brick, stone or stucco. This provision will apply only to Lots sold by the Declarant after April 18, 2000. (Amendment No. 1)
PHASE 2 ONLY: 22. Mailboxes. Standard design mailboxes shall be used in accordance with the design plans to be provided to the Owner by the Declarant. Owners shall pay for the installation and materials of said mailboxes. Said mailboxes must be permanently constructed.
23. Combining Lots. Only one (1) dwelling will be approved for construction on each platted Lot, except for a guest house or servant's house as provided in Section 1. If contiguous platted Lots are owned by the same Owner, the Architectural Review Committee may consider approving plans for construction of a single dwelling which straddles the boundary between such Lots; however, no additional dwelling will be approved for construction on any platted Lot on which all or a portion of an existing dwelling has been constructed or approved for construction.
24. Flagpoles. Flagpoles, if any, shall be residential in size and shall be reviewed and approved in writing by the Architectural Review Committee.
25. Firearms. The discharge of firearms within the Property is prohibited. The term "firearms" includes "B-B" guns, pellet guns, and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained herein or in the By-Laws, the Association shall not be obligated to take action to enforce this Section.
26. Recreational Vehicles. No gasoline-powered snowmobiles, ATVs, golf carts, watercraft or unlicensed vehicles of any kind shall be operated in the Common Areas or public ways.
27. Leasing of Main Residential Structures. The main residential structure or dwelling unit may not be rented except in extenuating circumstances such as the Owner being on a temporary leave assignment or if the home has been on the market for sale for an extended period of time and the Owner no longer occupies the home. Any leasing of homes is subject to prior written approval of the Board. The Board may adopt reasonable rules regulating leasing. There shall be no subleasing or assignment of leases. Every Owner shall cause all occupants of his or her home to comply with this Declaration, By-Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants are fully liable and may be sanctioned for any violation. 28. PHASE 1 ONLY: Adams' Homestead and Nature Preserve Setback. The Declarant wishes to implement a natural buffer zone over and across those Lots adjacent to the Adams' Homestead and Nature Preserve, specifically Lots 23 and 24, Wynstone First Addition, Lots 25-30, Wynstone Second Addition, Lots 31-37, Wynstone Third Addition, Lots 38-44, Wynstone Fourth Addition, Lots 45-48, Wynstone Fifth Addition. Additionally, one of the desirable aspects of the Wynstone Development is the abundance of wildlife that inhabits the area. Therefore, a setback line ranging between 100 feet to 200 feet from the Adams' Homestead and Nature Preserve property line shall be shown on the plat of Wynstone Development. The Nature Preserve Buffer Zone is the area between the Lot lines bordering the said Adams' Homestead and Nature Preserve and this setback line. Notwithstanding any provisions contained in this Declaration, no buildings, garages, outbuildings or other structures shall be constructed, allowed or located within the entire Nature Preserve Buffer Zone and no man-made features and/or landscaping (such as fences, walls, swings, gardens, gazebos) shall be constructed, allowed or located within one-half the width of the Nature Preserve Buffer Zone measured from the Adams' Homestead and Nature Preserve property line. By way of example, where the Nature Preserve Buffer Zone is 200 feet wide, no man-made features would be allowed within 100 feet of the Adams' Homestead Nature Preserve property line. The Nature Preserve Buffer Zone shall remain undeveloped or in its "natural" state for, among other things, drainage and vegetative screening purposes, except for tree plantings, vegetation, and similar plantings subject to the written approval of the ARC. 28. PHASE 2ONLY: Sidewalks. Each Owner of: Lots 1-10, inclusive, Wynstone First Addition of Wynstone Phase 2, Lots 11-17, inclusive, Wynstone Second Addition of Wynstone Phase 2, Lots 18-25, inclusive, Wynstone Third Addition of Wynstone Phase 2, Lots 26-30, inclusive, Wynstone Fourth Addition of Wynstone Phase 2, Lots 31-36, inclusive, Wynstone Fifth Addition of Wynstone Phase 2, Lots 37-43, inclusive, Wynstone Sixth Addition of Wynstone Phase 2, Lots 44-51, inclusive, Wynstone Seventh Addition of Wynstone Phase 2, Lots 52-58, inclusive, Wynstone Eighth Addition of Wynstone Phase 2,
Lots 59-65, inclusive, Wynstone Ninth Addition of Wynstone Phase 2, shall construct or cause to be constructed either (i) at the time of the construction of a dwelling or (ii) within 24 months after the purchase date of said Lot, whichever occurs first, a concrete sidewalk four (4) feet in width extending across the entire Lot or Lots consistent with the remaining sidewalks in the Wynstone Development. In the event that any Owner of the above described Lot or Lots fails to install a sidewalk, Wynstone Homeowners Association, at its option, shall have the right to construct it or cause it to be constructed, and such Owner shall be liable to the Association for any and all costs in connection therewith. The Association is hereby powered to claim and enforce a lien against the affected Lot or Lots for the cost of such construction and all costs of enforcement of the lien, including a reasonable attorney's fee. This Section 28 and the obligation to construct or cause to be constructed sidewalks shall not apply to the Declarant.
29. Townhouses Not Allowed on Combined Lots. If contiguous platted Lots are owned by the same Owner, the Architectural Review Committee shall not consider approving plans for construction of a townhouse or other multi-family dwelling which straddles the boundary between such Lots; that only a single family residential structure may be considered by the Architectural Review Committee for construction.(Amendment No. 1)
ARTICLE VII EASEMENTS
Section 1. Reservation of Easements. Easements and rights of way for utility, sewage, and drainage purpose and related functions are hereby reserved to the Association and its successors and assigns, over, across, and under the Common Areas, roads, streets, walkways and private drives which shall be shown on the plats of the Property, and over, across, and under each Lot as reserved and shown on the plats of the Property, which said plats shall encompass all of the Property and shall be recorded prior to the sale of any of the Lots within the Property, and over, across and under such areas as are more particularly shown on said plats for the location of electric and communication cables, storm drainage, sanitary sewers, pipelines for supplying gas, water, or heat, including mains, service pipes and equipment and drainage purposes, facilities for general utility functions, and all equipment necessary thereto. The Association may grant necessary easements to any utilities or other persons to accomplish these purposes. Any individual or entity desiring an easement must present specific plans to the Architectural Review Committee or the Board of Directors, 30 days prior to commencement of any construction or maintenance activity. (Amendment No. 3)
ARTICLE VIII GENERAL PROVISIONS 1. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, any change in said covenants in whole or in part must be by an instrument signed and recorded by Members representing two-thirds of the Lots.
2. Option to Repurchase. If a Lot purchaser fails to commence construction of a residential home within twelve (12) months from the date of the purchase of a Lot, Declarant is given and granted the option to repurchase the Lot at its original sales price unless Declarant extends such period in which to commence construction in writing, provided, however, that this option will not extend to adjacent Lots owned by one Owner so long as construction is commenced upon one Lot within the twelve (12) month period. Each Lot buyer, when purchasing a Lot, gives and grants this option of repurchase to Declarant. The purpose of the repurchase option is to guarantee that the Property will be promptly used for residential housing.
4. Liquidated Damages. The damages for violation of any of the restrictions and covenants set forth in this instrument, being difficult to ascertain, shall be the liquidated damages as set forth in this paragraph as expressly agreed to by all purchasers of Lots. Such damages for the violation of any restriction or covenant contained in this instrument are hereby expressly set at $500.00 per violation, which sum shall be paid by the violator to the Association. Said liquidated damages shall not be the sole remedy of the remaining Owners, but shall be cumulative with, and the remaining Owners shall retain, all other remedies, at law or in equity, and as set forth above, for purposes of enforcement of this Declaration.
5. Use of Approved Builder. Any Owner desiring to build upon a Lot shall use a builder approved by the Declarant. Such approved builder must agree in writing to the Wynstone Construction Procedures and any other requirements, including bonding, as determined by the Declarant.
6. Notices. Any notices required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when hand-delivered or mailed postage paid to the last known address of the person who appears as such Owner on the records of the Association at the time of such mailing.
7. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands on the day and year first above written.
Wynstone Development Corporation
By:________________________________ Richard J. Wegher, President
By:_______________________________ Michael D. Hammond, Secretary
STATE OF SOUTH DAKOTA : :ss COUNTY OF UNION :
On this _____ day of May, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard J. Wegher and Michael D. Hammond to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Richard J. Wegher and Michael D. Hammond as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ______________________________ (SEAL) Notary Public, SD My commission expires: |
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Wynstone Homeowners Association • PO Box 1217 • N. Sioux City, SD • E-mail: Kfernando@wynstonecommunity.com |
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