Covenants

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PONDS AND PRAIRIES DEVELOPMENT

KNOW ALL MEN BY THESE PRESENTS:

Ponds and Prairies, Inc., an Iowa corporation ("Declarant") as developer of Ponds
and Prairies Development in Appanoose County, Iowa, desires to establish and
place residential covenants, conditions and restrictions and does hereby reserve
certain easements, all as hereinafter specifically set forth on the following described
real property:
See "Exhibit A" attached hereto
("Property")
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold
and conveyed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and
which shall run with the real property and be binding on all parties having any rights,
title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. Association shall mean and refer to the Ponds and Prairies
Homeowners Association, its successors and assigns, a non-profit corporation
organized pursuant to Chapter 504A of the Code of Iowa, as amended.
Section 2. Association Responsibility Elements shall mean the following:
a. The area surrounding a "Lot", as defined in Section 10 herein.
b. Driveways (the area six feet from the within 6 feet of the dwelling unit shall
be deemed the "apron" and shall not be part of the association
responsibility elements.)
c. Street lights, water, electric and other utilities
d. Irrigation system
e. Roads and pathways as identified on the plat
f. Ponds identified on the plat.
Section 3. Board of Directors shall mean and refer to the Board of Directors of
the Association.
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Section 4. Building shall mean and refer to a dwelling unit that may be
constructed on a Lot.
Section 5. Common Elements shall mean all common water and septic lines,
gas lines, electric lines, other utility services, and the roads, paths, ponds and
pastures located within the Properly that serve more than one Living Unit. Common
elements shall terminate at the point of the garage apron.
Section 6. Declarant shall mean and refer to Ponds and Prairies, Inc., its
successors and assigns.
Section 7. Declaration shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions to which the Properly are subject.
Section 8. Federal Mortgage Agencies shall mean and refer to those federal
agencies that have or may come to have an interest in the Property, or any portion
thereof, such as the Federal Housing Administration, the Veterans Administration,
the Federal National Mortgage Association, and the Federal Home Loan Mortgage
Corporation, or successors of their interests.
Section 9. Living Unit shall mean and refer to a Building situated upon a Lot
and designed and intended for use and occupancy as a residence by a single family.
Section 10. Lot shall mean and refer to any of the Lots in Ponds and Prairies, an
Official Plat, now included in and forming a part of Appanoose County, Iowa.
Section 11. Member shall mean and refer to those persons entitled to Membership
as provided in this Declaration.
Section 12. Owner shall mean and refer to the record Owner, whether one or
more persons or entities, of a fee simple title to any Lot which is part of the Property,
including contract sellers and vendees (deemed co-Owners), but excluding those
having such interest merely as security for the performance of an obligation, and
excluding those having a lien upon the properly by provision or operation of law.
Section 13. Property shall have the meaning set forth on Page 1 hereof.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership and voting. 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 that is subject to assessment hereunder. Ownership of a Lot
shall be the sole qualification for Membership. Subject to provisions of Section 2 of
this Article, the Owners of a Lot shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they, among them determines,
but in no event shall more than one vote be cast with respect to any Lot.
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Section 2. Declarant as Sole Voting Member. Notwithstanding any other
provision of this Declaration, Declarant shall be the sole voting Member of the
Association until Declarant no longer owns any portion of any Lot, or until Declarant
waives, in writing, its right to be the sole voting Member. Declarant shall have the
right to elect all Directors and to cast all votes as it deems appropriate. Each Owner
by acceptance of a deed to a Lot shall be deemed to have released Declarant from
all claims with respect to actions taken or not taken while Declarant controls the
Association.
Section 3. Board of Directors. The voting Members shall elect a Board of
Directors of the Association as prescribed by the Bylaws of the Association. The
Board of Directors shall manage the affairs of the Association.
Section 4. Suspension of Voting Rights. The Association shall suspend the
voting rights of a Member for any period during which any assessment hereunder
against his/her/its Lot remains unpaid and for a period not to exceed 60 days for any
infraction of the published rules and regulations of the Association.
Section 5. Notice of Member's Meetings. Unless the Articles of Incorporation or
the Bylaws otherwise provide, written notice stating the place, day and hour of the
meeting and, in case of a special meeting, the purpose or purposes for which the
meeting is called, shall be delivered no less than five nor more than fifty days before
the date of the meeting, either personally or by mail, by or at the direction of the
President or Secretary or the officer or persons calling the meeting, to each Member
entitled to vote at such meeting. If mailed, such notice shall be deemed to be
delivered when deposited in the Untied States mail addressed to the Member at
his/her/its address as it appears on the records of the Association with postage
thereon prepaid.
Section 6. Duration. No dissolution of the Association shall occur without the
prior approval and consent of Appanoose County, Iowa.
ARTICLE III
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Liens and Personal Obligation of Assessments.
Declarant, for each Lot owned within the Property, hereby covenants, and each
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 agrees to pay to the
Association: (1) monthly assessments or charges, (2) special assessments for
capital improvements and operating deficits, and (3) special assessments as
provided in this Article III, Article V, and Article VI; such assessments to be
established and collected as hereinafter provided. The monthly and special
assessments, together with interest, costs, and reasonable attorney fees, shall be a
charge on the land and shall be a continuing lien upon property against which each
such assessment is made. Each such assessment, together with interest, costs, and
reasonable attorney fees, shall also be the joint and several personal obligation of
each person who was the Owner of such property at the time when the assessment
became due.
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Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health, safety, and welfare of
the residents in the Property and for the improvement and maintenance of the
Common Elements and the Living Units situated on the Property and for other
purposes specifically provided herein.
Section 3. Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the maximum
monthly assessment shall be two hundred and no/100 dollars ($200.00) per Lot plus
a pro rata portion of the amount of real estate taxes and special assessments
payable by the Association. Thereafter, the maximum monthly assessment may be
increased effective January 1 of each year but such increase shall not be more than
20% greater than the maximum assessment for the previous year without a vote of a
majority of Members who are voting in person or by proxy at a meeting duly called
for this purpose. The Board of Directors shall fix the monthly assessment at an
amount not in excess of the maximum.
It is the intent of the developer that the monthly assessment shall not exceed
$250.00 per month. However, the developer will have no control over the
Association at the point at which 50% of the Lots are sold. At such time it shall be
incumbent on the Board of Directors of the Association to keep expenses in line with
reasonable assessments.
A portion of such monthly assessments shall be set aside or otherwise allocated in a
reserve fund for the purpose of providing repair and replacement of the Common
Elements, the Association Responsibility Elements and any capital improvement that
the Association is required to maintain.
A Lot shall not be subject to assessment until the first day of the month following the
date of closing.
Declarant shall not be liable for annual or special assessments upon Lots owned by
it. Declarant is not responsible for the establishment of a budget as long as
Declarant is the sole voting Member of the Association.
The Association and Declarant are not required to submit statements for
assessments to any Owner.
Section 4. Special Assessments for Capital Improvements and Operating
Deficits. In addition to the monthly assessments authorized above, the Association
may levy a special assessment for the purpose of defraying in whole or in part the
cost of any construction, reconstruction, repair or replacement of a capital
improvement that the Association is required to maintain or for operating deficits that
the Association may from time to time incur, provided that any such assessment
shall have the assent of a majority of the Members who are voting in person or by
proxy at a meeting called for this purpose.
Section 5. Notice and Quorum for any Action Authorized under Sections 3
and 4. Written notice of any meeting called for the purpose of taking any action
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authorized in Section 3 or 4 shall be sent to all Members not less than five days nor
more than 50 days in advance of the meeting. At the first such meeting called, the
presence of twenty-five percent of the Members or of proxies entitled to cast votes
shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement and the required quorum at
the subsequent meeting shall be fifty percent of the required quorum at the
preceding meeting. No such subsequent meeting shall be held for more than sixty
days following the preceding meeting.
Section 6. Uniform rate of Assessment. Both monthly and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The
monthly assessments provided for herein shall commence as to each respective Lot
on the first day of the first month following the date of conveyance to the Owner of
the Lot. LOTS OWNED BY THE DECLARANT THAT DO NOT HAVE COMPLETED
LIVING UNITS CONSTRUCTED THEREON AND COMPLETED UNITS THAT ARE
NOT SOLD, LEASED OR OCCUPIED SHALL BE EXEMPT FROM THE
ASSESSMENTS DESCRIBED IN THIS ARTICLE III AND THE ASSESSMENTS
DESCRIBED IN ARTILE VI. The developer waives the association dues until the
closing of the fourth property or for two years whichever comes first. The
maintenance responsibilities of the Association as to each Lot shall commence
concurrently with the commencement of monthly assessments (except as may be
reasonably interrupted by construction). The insurance assessment provided for in
Article VI shall commence as to each Lot on the first day of the first month following
the date of conveyance of said Lot to Owner. The Board of Directors shall fix any
increase in the amount of the monthly assessment at least thirty days in advance of
the effective date of such increases. Written notice of special assessments and such
other assessment notices as the Directors shall deem appropriate shall be sent to
every Owner subject thereto. The due dates for all assessments shall be established
by the Board of directors. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate in a recordable form signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been
paid. A properly executed certificate from the Association regarding the status of
assessments on a Lot shall be binding upon the Association as of the date of its
issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment not paid within thirty days after the due date shall
bear interest from the due date at the rate of 15% per annum or at the highest rate
allowed by Iowa law, whichever is lower. 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 manner provided for foreclosure of a mortgage, or both, and there
shall be added to the amount of such assessment all costs and expenses incurred
by the Association in collecting said assessments, including reasonable attorney
fees whether or not legal action is required in connection therewith. No Owner may
waive or otherwise escape liability for the assessments provided for here by non-use
of the Common Elements or abandonment of the Owner's Lot.
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Section 9. Subordination of Assessments Liens. The lien of the assessments
provided for here shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment of the lien. Provided, however, the
sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such
Lot (without the necessity of joining the Association in any such foreclosure action)
or any proceedings or deed in lieu thereof shall extinguish the lien of all
assessments becoming due prior to the date of such sale or transfer. The failure of
an Owner to pay assessments as provided in this Article III shall not constitute a
default under a mortgage insured by the Federal Mortgage Agencies.
ARTICLE IV
DECLARANTS'S RIGHTS
Declarant reserves the right to use any of the Lots as models and to sell, assign or
conduct other business in connection with the construction and development of the
project from any of such Lots prior to their being sold. This reservation of right or
privilege in Declarant includes, but is not limited to, the right to maintain models,
erect signs, maintain an office, staff the office with employees, and to show Lots then
unsold. Declarant retains the right to make changes in the number, location or
manner of construction of Buildings and other improvements on the Property
including, without limitation, the substitution of screened in porches for decks on
certain Lots designated by Declarant, provided, that in all cases, such changes shall
be accomplished in a manner consistent with applicable laws and ordinances.
ARTICLE V
MAINTENANCE
Section 1. Maintenance by Owners. The Owner of each Lot shall furnish and be
responsible for, at the Owner's own expense, all maintenance and repairs of the
Owner's Lot and all structures, improvements and equipment located thereon.
The Owner shall also be responsible for the maintenance, repair and replacement of
all connecting elements from the Owner's Living Unit to the common elements of the
septic system, notwithstanding the fact that such connecting elements cross a
Common Element or is located off premises from the Owner's Lot. Specifically, and
without limitation, the Owner shall be responsible for any lifts or pumps necessary to
get acceptable effluent from the home to the gravity based common lines of the
septic system.
To the extent that equipment, facilities, and fixtures within any Lot shall be
connected to similar equipment, facilities, or fixtures affecting or serving other Lots,
then the use thereof by the Owner of such Lot shall be subject to the rules and
regulations of the Association. The authorized representatives of the Association or
Board of Directors or the manager or managing agent for the Association shall be
entitled to reasonable access to any Lot as may be required in connection with
maintenance, repairs, or replacements of or to any equipment, facilities, or fixtures
affecting or serving other Lots.
Any repair or replacement of an exterior structure, improvement or equipment
(including, without limitation, electrical fixtures) shall match the original item that it
repairs or replaces.
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Section 2. Maintenance of Driveways. The Association shall be responsible for
the maintenance, including snow removal and repair of all roads and driveways
(however, see definition of "Association Responsibility Elements" in Article I)
constructed or to be constructed within the Property of Declarant for the benefit of all
Owners of Lots. Driveways shall be maintained at all times in such manner as to
provide ingress and egress, both pedestrian and vehicular, from each Lot to and
from a public street or highway. The specification for replacement of any driveways
or walkways shall be determined by the Board of Directors, or by an architectural
committee composed of three or more representatives appointed by the Board of
Directors.
Section 3. Maintenance Obligations of Association. In addition to maintenance
upon the driveways, the Association shall provide all maintenance, repair or
replacement of the Association Responsibility Elements and Common Elements,
including but not limited to maintenance upon each Lot that is subject to assessment
hereunder as follows: (but excluding any gardens, plants, or flowers installed by any
Owner and excluding patios and decks ), trees, trash removal and snow removal. In
the case of shrubs, trees, and other elements of landscaping, the Association shall
perform all necessary repairs, replacements and maintenance thereof in a manner
consistent with the level of maturity and development of the landscaping at the time
that the repair, replacement, or maintenance activity occurs. The Association shall
paint the exterior Building surfaces of all Association Responsibility Elements and
Common Elements that require paint no less often than every five calendar years,
initially measured from calendar year 2004. Such exterior maintenance shall not
include glass surfaces, doors and doorways, windows, and window frames, or the
operability of any garage doors.
In the event that the need for maintenance or repair is caused through the willful or
negligent act of the Owner, or the Owner's family, guests, invitees, agents, or
contactors, the cost of such maintenance or repairs shall be assessed to such
Owner.
ARTICLE VI
INSURANCE
Section 1. Casualty Insurance, The Association shall obtain a master casualty
insurance policy or policies affording fire and extended coverage insurance for the
Association Responsibility Elements in an amount equal to the full replacement
value thereof. the Association may obtain "all risk" coverage for the Association
Responsibility Elements. The Association shall be responsible for reviewing at least
annually the amount and type of such insurance and shall purchase such additional
insurance as is necessary to provide the insurance required above. The Association
may cause such full replacement value to be determined by a qualified appraiser
and the cost of any such appraisal shall be included in the monthly maintenance
assessment for each Lot on a pro rate basis. Such insurance coverage shall be for
the benefrt of the Association, each Owner, and, if applicable, the first Mortgagee of
each Lot.
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Such master casualty insurance policy, and "all risk" coverage if obtained, shall (to
the extent the same are obtainable) contain provision that the insurer (a) waivers its
right to subrogation as to any claim against the Association, its Board of Directors, its
agents and employees, the Owners, their respective agents and guests, and (b)
waives any defense based on invalidity based upon the acts of the insured; and
providing further that the insurer shall not be entitled to contribution against casualty
insurance which may be purchased by any Owner as hereinafter permitted.
Section 2. Liability Insurance. The Association shall also purchase a master
comprehensive public liability insurance policy in such amount or amounts as the
Board of Directors shall deem appropriate from time to time. Such comprehensive
public liability insurance policy shall cover the Association, its Board of Directors, any
committee or organization of the Association or Board of Directors, its agents or
employees, the Owners and all other persons entitled to occupy any Lot. the
Association shall also obtain any other insurance required by law to be maintained,
including but not limited to, worker's compensation insurance, and such other
insurance as the Board of Directors shall from time to time deem necessary,
advisable or appropriate. Such insurance coverage shall also provide for and cover
cross liability claims of one insured party against another insured party. Such
insurance shall inure to the benefit of each Owner, the Association, its Board of
Directors and any managing agent acting on behalf of the Association. Each Owner
shall be deemed to have delegated to the Board of directors the Owner's right to
adjust with the insurance companies all losses under policies purchased by the
Association.
Section 3. Monthly Assessment for Insurance. The premiums for all such
insurance hereinabove described shall be paid by the Association and the pro rata
cost thereof shall become a separate monthly assessment (over and above the
assessments described in Article III, Sections 3 and 4 herein) to which each Lot
conveyed by Declarant shall be subject under the terms and provisions of Article VII.
Each Owner shall prepay to the Association at the time a Lot is conveyed to such
Owner an amount equal to twelve (12) monthly insurance assessments. When any
such policy of insurance hereinabove described has been obtained by or on behalf
of the Association, written notice of the obtainment thereof and of any subsequent
changes therein or termination thereof shall be promptly fumished to each Owner or
mortgagee whose interest may be affected thereby, which notice shall be furnished
by the officer of the Association who is required to send notices of meetings of the
Association.
Section 4. Distribution to Mortgagee. In no event shall any distribution of
proceeds be made by the Board of Directors directly to an Owner where there is a
mortgagee endorsement on the certificate of insurance. In such event, any
remittances shall be to the Owner and the mortgagee jointly, or in accordance with
the terms of any endorsement in favor or said mortgagee.
Section 5. Additional Insurance. Each Owner shall obtain such additional
insurance at the Owner's expense, affording coverage upon the Owner's personal
property, the contents of the Owner's Living Unit, and all components of the Owner's
Living Unit not included in the Association Responsibility in an amount equal to the
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full replacement value therefor. Such insurance shall contain the same provisions for
waiver of subrogation as referred to in the foregoing provisions for the master
casualty insurance policy to be obtained by the Association. Each Owner shall obtain
comprehensive casualty insurance, at the Owner's expense, affording coverage
upon the Owner's Lot with a combined single limit of not less than $300,000 per
occurrence. Such insurance shall provide that it shall be without contribution as
against the casualty sustained and there is a reduction in the amount of the
proceeds which would otherwise be payable on the insurance purchased by the
Association pursuant to this paragraph due to proration of insurance purchased by
an Owner under this paragraph, the Owner agrees to assign the proceeds of this
latter insurance, to the extent of the amount of such reduction, to the Association to
be distributed as herein provided.
Section 6. Casualty and Restoration. Damage to or destruction of any Building
due to fire or any other casualty or disaster shall be promptly repaired and
reconstructed by the Owner and the proceeds of insurance, if any, shall be applied
for that purpose. "Repair, reconstruction, and restoration" shall mean construction or
rebuilding of any Building or Buildings to as near as possible the same condition as it
existed immediately prior to the damage or destruction and with the same or similar
type of architecture.
ARTICLE VII
EASEMENTS
Section 1. Drainage, Utility and Septic Easements. As noted on the recorded
Plat of the Property, Declarant has reserved certain areas of the Lots for Public utility
and septic system easements. In doing so, it is the intention of Declarant to provide
the needed flexibility, for the benefit of all Lots and Owners, to properly install and
allow to be maintained all electrical, telephone, water, gas, septic and other utility
service (including all lines, pipes, wires, cables, ducts, etc.) to the Building
constructed on the Lots. No other improvements or permanent structures (excluding
walkways and driveways) shall be placed within such easements. Regardless of
whether shown on the recorded Plat, each Lot shall accept surface water drainage
from adjacent Property whether or not located within the Property and each Lot shall
have the right to drain its surface water to the adjacent Lots located within the
Property.
Section 2. Additional Easement Rights. Declarant reserves unto itself, for the
benefit of all Lots and Owners, an easement and full right, title and authority to
relocate, alter, or otherwise change the location of any drainage, utility or septic
easement and to grant such further easements, licenses and rights of way.
temporary or permanent, exclusive or non-exclusive, surface or otherwise, as
Declarant may deem necessary or appropriate, for ingress, egress, utility and similar
purposes on or within any Lot or Lots or any portion of Property. Declarant further
reserves the right to more specifically describe or to change the description of any
such drainage, utility and septic easement, or other easement, license or right-ofway
by written instrument, or amendment to the Plat recorded in the Office of the
Recorder of Appanoose County, Iowa. Each Owner shall take title subject to the right
and easements reserved herein; provided, however, the rights reserved in this
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Section 2 shall not be exercised in a manner which unreasonably and adversely
restricts the rights of ingress and egress to any Lot. The rights and easements
reserved by Declarant in this Section 2 shall run with the land and Declarant's right
to further alter or grant easements shall automatically transfer to the Association
when Declarant shall have conveyed the last Lot within the Property.
Section 3. Easement for Access and Maintenance. The Association, its agents,
and contractors shall have an easement and license to, in and over each Lot for the
purpose of performing its maintenance obligations.
Section 4. Easement for Water Usage. The Association, its agents, and
contractors shall have an easement and license to use hoses, bibs and water from
all Lots for the purpose of performing its maintenance obligations provided the
Association shall reimburse the Owner for any water costs relating thereto in excess
of $50.00 per month.
Section 5. Easement for Emergency Purposes. An easement is hereby
dedicated and granted for use in case of emergency by emergency vehicles, such as
fire trucks, police cars, ambulances, etc., and emergency personnel, public and
private, over and upon all Lots and any pedestrian walkways.
Section 6. Easement for Signs. Declarant reserves unto itself for so long as it
owns any Lot, and thereafter reserves and grants to the Owners by and through the
Association, the right and easement to erect and maintain such entryway sign or
signs.
Section 7. Driveways and Entrances. An easement is hereby reserved and
granted for the use of all Lots served by one driveway over such driveway. To the
extent that a driveway serving a Living Unit is located partially or wholly on another
Lot or Lots, the Owner of the Living Unit served by such driveway shall have the
benefit of any easement over that portion of the other Lot or Lots covered by the
driveway. This driveway easement shall be for ingress and egress purposes and no
Owner shall park or allow to be parked any vehicular or other obstruction within the
driveway area so as to prevent access to the Living Units that such driveway serves.
Further, there is hereby reserved and granted an easement for the benefit of each
Lot served by a pedestrian walkway located partially or wholly on another Lot or
Lots. No unit Owner shall obstruct or allow obstructions on any pedestrian walk or
shared entry stoop which would impair use and access by the Living Unit Owner
which such walkway or entry stoop serves.
Section 8. General Easements. Each Lot shall be subject to the following
easements in favor of the Association and the other Owners:
(a) Each Lot is burdened with an easement of ingress and egress for maintenance,
repair, and replacement of Association Responsibility Elements by the Association.
(b) Each Lot is burdened with easements for public utilities and pedestrian walkway
as may be shown upon any recorded subdivision plat.
ARTICLE VIII
VEHICLE AND PARKING RIGHTS AND OBLIGATIONS
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Subject to the provisions of Article VII, Section 6, above, the driveway in front of
each Owner's garage shall be for the exclusive benefit of such Owner and Owner's
guests. No one shall use these parking spaces for parking or storing of boats,
snowmobiles, trailers, camping vehicles, or other recreational vehicles, or for parking
of trucks or other commercial vehicles, except temporarily or incidentally for the
making of pickup and deliveries to neighboring Lots. No bicycles or other private
property shall be allowed to obstruct any driveway, nor shall the same be stored in
the open, alongside Building walls or other locations of public view. No vehicles shall
be parked so as to impede access from or to any Lot or public street. No fence,
barrier or other obstruction of any kind shall ever be placed or constructed.
Notwithstanding the foregoing, Declarant may use the driveways, walkways, public
streets and similar areas during the construction of the Living Units as it deems
appropriate.
Each Owner may keep on its lot no more than two (2) vehicles. All vehicles must
have garage space available and Owner shall cause its vehicles to be garaged at all
times. No inoperable vehicles shall be allowed at any time.
ARTICLE IX
ARCHITECTURAL CONTROL
No Building, except as originally constructed by or on behalf of Declarant shall be
commenced, erected, altered or maintained upon Property, nor shall any exterior
addition to or change or alteration thereof be made (including screen door, satellite
dishes and similar fixtures) until the plans and specifications showing the nature,
kind, shape, height, materials and location of the same shall have been submitted to
and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors, or by an
architectural committee composed of three (3) or more representatives appointed by
the Board of Directors. Any change in the appearance or the color of any part of the
exterior of a Building (including the exterior items for which the Owner is responsible
for maintenance pursuant to Article V, Section 1, hereof) shall be deemed a change
thereto and shall require the approval therefor as above provided. No approval shall
be granted for detached garages or other structures that are not part of the Building.
The Owners design and maintenance of the Area of Ambiance shall also be subject
to the review of the Board of Directors, or the architectural committee.
ARTICLE X
SIGNS AND HOME OCCUPATIONS
Section 1. Signs. No signs of any kind including rental signs (other than interior
window signs) and further including signs of nature, kinds, or description that
identify, advertise, or in any way describe the existence of conduct of a home
occupation, shall be displayed on any Lot without the prior written approval of the
Board of Directors. Nothing in this Article shall affect the rights of Declarant provided
in Article IV.
Section 2. Home Occupations. No home occupation shall be conducted or
maintained on any Lot.
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ARTICLE XI
ADDITIONAL RESTRICTIONS
Section 1. No Lot shall be used except for residential purposes, except for rights
of Declarant as provided in Article IV. No Buildings, structures, or sheds shall be
erected on any Lot other than the Living Units or replacements thereof.
Section 2. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that no more than one (1) dog weighing less than 35 pounds
at full growth and no more that two (2) cats may be kept, provided that they are not
kept, bred or maintained for any commercial purposes. The owner may request
approval of the Board of Directors in the event they own two dogs. The Owner or
custodian of any pet shall be responsible for the removal of excreta deposited by
such pet. Pets must be restrained by a dependable leash and controlled by the
Owner at anytime it is outside of the Building. The Association may, by rules and
regulations, prohibit or further limit the raising, breeding or keeping on any Lot of any
pet. The Association may, by rules and regulations, prohibit or further limit the
keeping of pets on any Lot.
Section 3. No noxious or offensive activities not involving the maintenance of
Lots shall be carried on upon any Lot nor shall anything be done thereon which may
be or may become an annoyance or a nuisance to the neighborhood. Nor shall any
Lot be used for any unlawful purpose. Nor shall any Owner cause, of suffer or harbor
the source of, any noise or activity which disturbs the peace, comfort and quiet
enjoyment of other Owners or those claiming under or through other Owners.
Specifically, but not in limitation, Owners shall not allow pets to make excessive
noise, nor allow radios, tvs, stereos or speakers or sound equipment to be audible
more than 50 feet from the source.
Section 4. No vehicle shall be operated at a speed in excess of 15 mph while
using roads on the Property.
Section 5. No trash receptacles and garbage cans shall be permitted to be
placed outside of a Building or a structure on any Lot unless hidden by an attractive
screen of suitable height, or unless sunken to ground level in a hole lined with
permanent cribbing. This restriction shall not preclude the placement of waste
containers outside of such area on a temporary basis, if so required by governmental
regulation or by any private removal service, on trash pickup days only and not more
than twenty-four (24) hours in advance of pickup.
Section 6. No temporary structure, trailer, basement, tent, shack, garage, barn, or
other Building shall be used on any Lot at any time as a residence, either temporarily
or permanently.
Section 7. No exterior transmission towers, antennas or television and/or
microwave transmission dishes of any kind shall be constructed, installed, modified,
or permitted on the ground, on dwellings, on garages or on outbuildings. Only
exterior towers, antennas or television and/or microwave receiver dishes which are
designed to receive direct broadcast satellite service, including direct home satellite
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service, and have a diameter of less than 1 meter, or which are designed to receive
video programming services by a multipoint distribution service, including multichannel
multipoint distribution services, instructional television fixed services, and
local multipoint distribution services, and are 1 meter or less in diameter or diagonal
measurement, shall be allowed to be constructed, installed, modified or permitted on
the ground, on dwellings, on garages or on outbuildings.
Section 8. No basketball goal (whether attached to the exterior of a Living Unit or
affixed to a free-standing pole), soccer goal, baseball backstop, or other similar
sporting equipment shall be constructed upon any Lot.
Section 9. All sporting equipment, toys, and other equipment and supplies
necessary or convenient to residential living shall be stored in the garage of the
Living Unit, and kept out of view when not in use. The storage or collection of
rubbish of any character whatsoever, any material that emits foul or obnoxious
odors, the growing of any noxious weeds or other noxious substance, and the
harboring of the source of any noise or activity which disturbs the peace, comfort,
and serenity of Owners is prohibited.
Section 10. Unit Owners shall be individually responsible for utility charges which
they incur for water and septic services.
Section 11. Lawn and patio furniture shall be of wood, wicker or willow
construction (or resin versions of these designs), painted, stained or colored in earth
tone colors and avoiding primary or pastel colors.
Section 12. No personal property shall be stored or left upon a Lot except within
the residential structure or garage located upon the Lot and out of view. Garage
doors shall be kept closed except during times of access to the garage.
Section 13. Nothing shall be altered in, constructed in, or removed from the
Common Area, except upon written consent of the Board of Directors.
Section 14. No boat, snowmobile, recreational vehicle, trailer or other vehicle other
than automobiles shall be stored or parked in the driveway or street. The Association
may, by regulation or rule, limit or prohibit parking of automobiles on any driveway.
In the event of violation of this provision, the Association may, after reasonable
notice, remove such boat, snowmobile, recreational vehicle, trailer or other vehicle.
Section 15. No activity shall be allowed which unduly interferes with the peaceful
possession and use of the Property by the Owners nor shall any fire hazard or
unsightly accumulation of refuse be allowed.
Section 16. Nothing shall be done or kept in any Lot or in the Common Area which
will increase the rate of insurance on the Common Area or the Association
Responsibility Elements, without prior written consent of the Board of Directors. No
Owner shall permit anything to be done or kept in the Owner's Lot or in the Common
Area which will result in the cancellation of insurance on any Lot of any part of the
Common Area or the Association Responsibility Elements, which would be in
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violation of any law, or which may be or become a nuisance or annoyance to the
other Owners.
Section 17. All valid laws, zoning ordinances, and regulations of all governmental
bodies having jurisdiction shall be observed. The responsibility of meeting the
requirements of governmental bodies that require maintenance modification or repair
of the property shall be the same as the responsibility for the maintenance and repair
of the property concerned.
Section 18. The Board of Directors shall have the authority to adopt rules and
regulations governing the use of Lots, the Common Area and the Association
Responsibility Elements. Such rules shall be observed and obeyed by the Owners,
their guests, lessees, assigns and licensees.
Section 19. Agents of or contractors hired by the Board of Directors of the
Association may enter any Lot when necessary in connection with any maintenance,
landscaping, or construction for which the Association is responsible, provided such
entry shall be made with as little inconvenience to the Owners as practicable.
Section 20. Neither the Owners nor the Association nor the use of the Common
Area shall interfere with the completion of the contemplated improvements and the
sale of the Lots by the Declarant. The Declarant may make such use of the unsold
Lots and the Common Area as may facilitate such completion and sale, including,
but not limited to, the maintenance of a sales office, model home, the showing of the
property and the display of signs.
Section 21. No Waiver. Failure of the Association or any Owner to enforce any
covenant, condition or restriction, this Declaration, the Articles of Incorporation or
Bylaws of the Association, or the rules and regulations adopted pursuant thereto,
shall not constitute a waiver of the right to enforce the same thereafter.
Section 22. Elder Housing. The Declarant expressly holds the Property with the
intention to develop "elderly housing" as that term is used in the Iowa Code, Chapter
216. It is the intent of the Declarant that no Owner shall be a person of less than 55
years of age, but in no event shall more than 20% of owners be less than 55 years of
age. Adult or mature children of an owner may reside with the Owner as a caregiver.
Section 23. In the Owner's Lot the Owner shall comply with the overall scheme of
the Property by using natural materials such as rocks, cast stone, stone and wood
chips. Synthetic materials shall not be used and primary colors and pastel colors
shall not be used. Instead, a palette of selected earth-tone colors will be available
from which the Owner may select for the door and trim of their Unit. It is the intent of
the Declarant to establish an overall design theme of "Wilderness Living" as a future
guide to Owner's landscaping activities. "Lawns" are not permitted because of the
probability offertilizer run-off into ponds with well understood consequences of
pollution to the ponds.
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Section 24. No fertilizer shall be applied by or at the direction of any Owner on the
Lot of the owner because of the probability of fertilizer run-off into ponds with well
understood consequences of pollution to the ponds.
Section 25. No boat or watercraft shall be operated on the ponds with a motor
larger than a battery powered trolling motor.
Section 26. All golf carts and other motorized vehicles shall be operated on paths
only. Speeds shall not exceed 10 mph. No two-wheeled motorized vehicles shall be
allowed off of the primary roads of the property.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Right of Enforcement. In the event of a violation, or threatened
violation, of any of the covenants, conditions, and restrictions herein enumerated,
Declarant, the Owners and all persons claiming under them, and the Appanoose
County (if it so elects by approval of its Board of Supervisors) shall have the right to
enforce the covenants, conditions, and restrictions contained herein, and shall be
entitled to recover reasonable attorneys' fees and the costs and expenses incurred
as a result thereof.
Section 2. Amendment. This Declaration may be amended or changed by an
instrument recorded in the Office of the Recorder of Appanoose County, Iowa,
signed or approved by at least two-thirds of the then Owners; provided, however,
none of the rights or duties of Declarant reserved or set out hereunder may be
amended or changed without Declarant's prior written approval. This Declaration
may also be amended by Declarant, if it then has any Ownership interests in any
Lot, at any time within four (4) years after the recordation hereof in order to satisfy
the requirements of any of the Federal Mortgage Agencies having an interest in the
Property or any portion thereof.
Section 3. Severability. Invalidation of any of the covenants, conditions, and
restrictions of this Declaration by judgment or decree shall in no way effect any of
the provisions hereof, by the same shall remain in full force and effect.
Section 4. Notices to Mortgagees. The Association, upon request, shall provide
written notification to any lender holding a first mortgage upon any Lot specifying the
defaults of the Owner of such Lot, if any, in the performance of such Owner's
obligations under this Declaration, the Articles of Incorporation of the Association or
Bylaws of the Association or any other applicable documents which default has not
be cured within sixty (60) days.
Section 5. Restrictions on Rentals. In order to protect the integrity of this
subdivision and to ensure that those persons residing therein have similar
proprietary interests in their Lots and Living Units, no Lot and the Living Unit located
thereon shall be leased or rented for a period of time less than one (1) year and no
lease or rental agreement to any such tenants or lessee shall be extended or
renewed for a period of time longer than two (2) years. No Owner shall lease his/her
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Living Unit more than one (1) time during his/her Ownership thereof. Tenants or
lessees must conform to the same residential restrictions as the Owner (e.g. "elder
housing") as described elsewhere in this Declaration. Therefore any tenants must be
principal residents age 55 or older.
Section 6. Conveyance of Common Area. Any parcel to be owned by the
Association ("Common Area") shall be conveyed to the Association free and clear of
all encumbrances as required by any of the Federal Mortgage Agencies before such
Agencies insure their first mortgage against any Lot. The Common Area cannot be
mortgaged or conveyed without the consent of at least two-thirds of the then Owners
(excluding the Developer). As long as the Developer is the sole voting Member,
annexation of additional Property and dedication of additional Common Area shall be
subject ot the prior written approval of any of the Federal Mortgage Agencies having
an interest in the Property or any portion thereof.
IN WITNESS WHEREOF, Ponds and Prairies, Inc. has caused this Declaration to be
executed this day of , 2005.
Ponds and Prairies, Inc.
By: Morgan Cline, President
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"EXHIBIT A"
The South 30 acres of the Southeast Quarter of the Southwest Quarter (SESW)
th
of Section 32, Township 68 North, Range 17, West of the 5 P.M., Appanoose
County, Iowa
And
Commencing at the Northeast Corner of the Southeast Quarter of the
Southwest Quarter, thence running West 80 rods, thence South 20 rods,
thence East 80 rods, thence North 20 rods to the place of beginning, except
the North 255 feet thereof, and except that part contained in the public road, all
th
in Section 32, Township 68 North, Range 17, West of the 5 P.M., Appanoose
County, Iowa
17