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HomeMy WebLinkAboutS-1290-A Application`•�ta�1��l�f+r+ ?i:�ln: hBCOTtl� C'+ ' ; PLAT AND DECLARATION OF COY-FNA r • CONDITIONS AND RE5TRICTIOJ '�'7--"Alii�o&laration ("MARVIN GARDENS TOWNHOMES") �`C)-v ' of Covenants, Conditions and Restrictions (the "Declaration"), made on the ''•,� �da�eili6rqui er set forth by Square Deal Builders, LLC, an Arkansas limited liability company ( ie616her collectively referred to as "Declarant"). WITNES SETH: WHEREAS, Declarant owns certain property (the "Property") now in the City of Little Rock, Pulaski County, Arkansas, which is more particularly described as: Lots 22, 23 and 24, Block 2 and Lots 1, 2, and 3, Block 3, Rifiel and Roton's Forest Park Highlands Addition and all that portion of what was formerly platted as Ohio Street, lying adjacent to and between the above described lots, now closed by Ordinance No. 13,518 dated October 17, 1978, of recorded as Document No. 78- 43821 and Corrected by Ordinance No. 14,314 dated September 21, 1982, of record as Document no. 82-34064 and the W1/2 ofthat portion ofwhat was formerly platted as Florida Street lying East of and adjacent to Lot 24, Block 2, now closed by Ordinance No. 13,564 and dated December 19,1978, of record as Document No. 79- 01734 and the W1/2 of that portion of what was formerly platted as Florida Street located between the Southern boundary line of Lot 24, Block 2 and the Southern boundary line of Lot 1, Block 3, now closed by Ordinance No. 14,664, dated May 15, 1984, of record as Document No. 84-30760 and amended by Ordinance No. 14,696, dated July 3, 1984, of record as Document No. 84-44743, all in the city of Little Rock, Pulaski County, Arkansas. WHEREAS, there exists aplat delineating the boundaries and dimensions of, and subdividing the Property into lots, streets, parking areas, common areas and easements, which is entitled "Marvin Gardens Townhomes", Little Rock, Pulaski County, Arkansas" and recorded as Plat No. &%/ - !2,!�' in the records of the Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas (the "Plat"). NOW, THEREFORE, Declarant hereby declares that all of 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 be covenants running with the Property and be binding on all parties having any right, 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. There are shown on the Plat certain easement and rights -of -way for drainage and utilities which Declarant hereby donates and dedicates to and for the use of the public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utility services to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The filing of the Plat and this Declaration for record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of said easements and rights -of -way. The lands embraced in the Plat mentioned above shall be forever known as follows: Lots 1 through , Marvin Gardens Townhomes, Little Rock, Pulaski County, Arkansas. Any and every deed of conveyance, encumbrance or other instrument so describing the Property, or any Lot therein, as identified above shall always be deemed a sufficient legal description thereof. Said property in the Plat and any interest therein shall be held, owned, and conveyed subject to, and in conformity with the following covenants, restrictions, and conditions: ARTICLE I DEf+ MMONS Section 1. "Association" shall mean and refer to the "Marvin Gardens Townhomes Property Owners Association, Inc.", its successors and assigns. Section 2. "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 a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Property" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the association is described as follows: [insert description of Common Area here] DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 2 (9/18/2000 Print) Section 5. "Lot" shall mean and refer to any lot shown upon the Plat or any other recorded subdivision map or plat of the Property, with the exception of the Common Area. Section 6. "Declarant" shall collectively mean and refer to Square Deal Builders, LLC, an Arkansas limited liability company. Section 7. "Unit" shall mean and refer to that portion of a structure which is constructed on a Lot for occupancy by one person or one family. "Attached Units" shall mean and refer to a Unit constructed so that it is attached to another Unit with a common wall as hereinafter defined. Section 8. "Common Wall" shall mean and refer to the party wall between Attached Units, the pipes, vents, outlets, plumbing, insulation, wiring and duct work within such party wall and the portions of the roof and foundation of Attached Units located between two imaginary planes formed by extension upward and downward of the surfaces of the party wall forming the interior walls of such Attached Units. ARTICLE If PROPERTY RIGHTS Section 1. Easements. Declarant reserves the easements and rights -of -way as shown on the Plat for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, gas, sewers, cable television or any other utility Declarant sees fit to install in, across or under the Property. Neither Declarant nor any utility company nor any authorized political subdivision using the easements herein referred to shall be liable for any damages done by them or their assigns, their agents, employees or servants, to fences, shrubbery, trees or flowers or any other property of the Owner of the Lot covered by said easement. All easements as filed of record are reserved for the mutual use and accommodation of all public utilities desiring to use same. Any public utility shall have the right to remove and keep all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its utility system on any easement strips, and any public utility shall, at all times, have the right of ingress and egress to and from and upon said easement strips for the purposes of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all of any part of its utility system without the necessity at any time of procuring the permission of anyone. Section 2. Title Subject to Easements. It is expressly understood that the title conveyed by Declarant to any of the Property shall be subject to any easement affecting same for the roadways or drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph, telephone or cable television purposes as pictured on the Plat or as installed, and shall convey no interest in any pipes, lines, poles or conduits, or in any utility facility or appurtenances thereto constructed by or under Declarant or any easement owner or any agents through, along, or upon the Property affected thereby, or any part thereof, to serve said Property or any other portion of the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 3 (9/18/2000 Print) Section 3. Encroachments; Overhand Easement. (a) Declarant hereby reserves for itself and each Owner an easement and right to overhang each Owner's property with the roof of any Unit as any such roof is originally constructed or substantially repaired by necessity, but not otherwise. (b) If any portion of any Unit or any carport now encroaches upon any other Lot or the property of any Owner other than the Owner of such Unit, or if any Unit hereafter constructed encroaches upon any other Lot or the property of any Owner other than the Owner of such Unit, or if any such encroachment shall occur hereafter as a result of settling or shifting of the building, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the building shall stand. In the event any Unit shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachment easements due to such rebuilding shall exist for such encroachment and maintenance thereof for so long as the building shall stand to the same extent and degree as such initial encroachment. Section 4. In ress and E ess Onto Attached Units Owner's Pro ert . Each owner shall have an easement, which is hereby reserved by Declarant in their behalf, over and upon the adjoining Owner's Lot for the maintenance and repair of (a) the Common Wall, (b) other improvements adjacent to such adjoining Owner's Lot and (c) pipelines connecting each Unit with water and sewer mains; provided that any such entry upon the adjoining Owner's Lot shall be made with as little inconvenience to the Owner thereof as practical, and any damage caused thereby shall be repaired at the expense of the Owner using the easement. Section 5. Water, Sewer and Drainage. Declarant hereby reserves for themselves the right to place connecting lines for all utility and sewer systems, including water, gas (if any) and sewer main connections, and drainage facilities or under any Owner's Lot for service to and drainage of such Owner's Lot and other Owners' Lots. An easement shall exist on any Owner's Lot for such connecting lines and common drainage facilities as the same are installed and Declarant hereby reserves an easement on any Owner's Lot on which connecting lines and common drainage facilities are installed for their use and maintenance in favor of the Owner of any Property which is served by or drains into such facilities, provided that any entry upon the Property on which the connecting lines or common drainage facilities are located shall be made with as little inconvenience to the Owner thereof as practical. For purposes of determining the sharing of Owners of costs incurred in the clearing, maintenance and repair of common drainage facilities, such facilities shall be treated just as if such were Common Walls. Section 6. Owner's Easements of En'o ment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right ofthe Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 4 (9/18/2000 Print) (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by its members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two -third (2/3) of such members has been recorded. Section 7. Dele ation of Use. Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on such Owner's Lot. ARTICLE III USE RESTRICTIONS Section 1. Land Use and Building Type. All Lots shall be known, described and used for residential purposes only and no structure shall be erected, altered, placed or permitted to remain on any affected Lot other than Attached Single Family Residences of 2 or more connected Units not to exceed three stories in height. "Residential purposes" shall be construed, and Declarant specifically intends that such terms include attached houses. No Lot shall be used for business or professional purposes of any kind or for any commercial or manufacturing purpose. No building of any kind or character shall ever be moved onto any Lot. Section 2. Dwelling Size. The main residential portion of each Unit shall have a minimum floor area of 1,000 square feet. Section 3. Building Location. APlat ofthe Property shall comply with applicable zoning and building regulations of the County of Pulaski and Units will be located not less than each of the required distances from the front, side and rear property lines established by applicable zoning requirements. Section 4. Minimum Lot Area. No Owner's Lot shall be subdivided; rovided, however, that this provision shall not be construed to prohibit the construction of Attached Units as aforesaid or the sale of each of such Attached Units to different Owners. Section S. Annoyance or Nuisances. No noxious or offensive activity shall be carried on upon any portion of the Property. Nothing shall be done upon any Lot which may be or become an annoyance or a nuisance to the neighborhood. Section 6. Temporgy Structures. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 5 (9/18/2000 Print) i (a) No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other out building shall be maintained or used on any Lot at any time as a residence, either temporarily or permanently; provided, however, (i) Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Property as in its sole discretion may be necessary or convenient while selling Lots or portions thereof, selling or constructing Units and constructing other improvements upon the Property. Such facilities include, but are not limited to, sales and construction offices, storage areas, model units, signs and portable toilet facilities. (ii) Anything contained in these restrictions to the contrary notwithstanding, there shall be permitted on any Owner's Lot the use of a doghouse, so long as said doghouse is not of unreasonable size and is so placed on the Owner's Lot so as not to be visible from the front street side of the building. Section 7. Signs and Billboards. No signs, posters, or advertising devises of any character shall be erected, permitted, or maintained on any Lot or Unit except one sign which complies with the sign ordinance of the City of Little Rock advertising the particular Owner's Lot on which the sign is situated for sale or rent. The right is reserved by Declarant to construct and maintain such signs or advertising devices as are customary in connection with the general sale of residential property. Section 8. Oil and Mining Operations. No oil drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas or other minerals shall be erected, maintained or permitted upon any Lot. Section 9. Storage and Disl2osal of Garbage and Refuse. No Lot shall be used or maintained as a dumping ground for rubbish or garbage. Trash, garbage or other waste materials shall not be kept except in sanitary receptacles constructed of metal or plastic materials with sanitary covers or lids. All equipment for the storage or disposal of such waste materials shall be kept in clean and sanitary condition. No Lot shall be used for the open storage of any materials whatsoever which materials are visible from the street, except that new building materials used in the construction of improvements erected upon any Lot may be placed upon such lot at the time construction is commenced and may be maintained thereto for a reasonable time, until the completion of the improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. Section 10. Animals. No Owner or other person shall keep domestic animals in a number in excess of that which he may use for the purpose of companionship of the private family, it being the purpose and intention hereof to restrict the ownership of domestic animals against any commercial purposes of any kind or character and to restrict the use of all Lots so that no person shall quarter animals that may interfere with the quietude, health or safety of the community. In any case, no DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 6 (9/18/2000 Pdmt) Owner shall be allowed more than two (2) domestic animals at any one time, none of which shall weigh more than 3 5 pounds or be more than 24 inches high when measured while standing from the ground to the top of its back. All such animals must be properly licensed by the City of Little Rock and leashed or fenced at all times. Section 11. Burning. No person shall be permitted to burn or incinerate anything on any Lot outside the main residential building. This provision shall not apply to outdoor reasonable cooking equipment when used in the preparation of food. Section 12. Basketball Goals. No basketball goals, whether free-standing, in the ground or on any structure, shall be erected, permitted, or maintained on any lot or unit. Section 13. Large Toys and Bicycles. No owner or other person shall permit large toys to be left outside in any of the yards or common areas when not being used by children of property owners or others. Furthermore, any bicycles owned or used by property owners or others must either be stored inside the owner's residence or in racks provided in common areas specifically for storage of bicycles. Section 14. Grass and Weeds. No owner or other person shall permit grass, weeds or any other plant that is not cultivated, to grow to a greater height than 10 inches on an average on any individual lot, tract or parcel. Section 15. Trash. No owner or other person shall permit the accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things on any lot or in any common area. Section 15. Noises. No owner or other person shall permit any unnecessary or unauthorized noises and annoying vibrations, including animal noises. Section 17. Violation of Law Prohibited. No owner or other person shall permit an activity which is in violation of local, state or federal law to be conducted, performed or maintained. No owner or other person shall permit the storage of an abandoned motor vehicle on the lot or common property for a continuous period in excess of fifteen (15) days. An abandoned motor vehicle is any motor vehicle, which is left on public or private property for a continuous period of more than fifteen (15) days, regardless of whether wrecked or inoperable, and regardless of whether said vehicle bears a current registration and a current vehicle inspection sticker. Section 18. No owner or other person of any two-story Unit shall permit more than two vehicles to be parked in areas designated for each Unit. Any additional vehicles must be parked in the areas designated by the Association as visitor parking. All visitors must park in the areas designated as visitor parking. At no time, day or night, will parking be allowed in fire lanes or in any area other than described herein. No Unit shall have more than three vehicles on the property at any time without prior written consent to have same from the President of the Association or such other person authorized to give such consent by the Association. The Association may tow any vehicles DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 7 (9/18/2000 Print) parked in violation of this Section 18 or any signs posted on the Common Areas and all towing charges shall be at the cost and responsibility of the owner of the vehicle being towed. Section 19. Remedies. In addition to all other remedies permitted by law or equity or otherwise provided herein, upon notice by any representative ofthe Association to an Owner that any violations of any of the provisions of Sections 6, 7, 9, 10, 11, 12, 15, 16 or 18 of this Article III are occurring, Owner shall, within one day, remove or control the condition causing the violation and, if the violation is not so remedied, the Association shall assess liquidated damages against the Owner for Owner's failure to remedy the condition causing the violation in the sum of $100 per day that such condition exists and Owner shall pay such amount when assessed and the Association may either (1) cure the violation and charge Owner any expense incurred by it for curing the violation and Owner shall then pay such amount, or (2) seek injunctive relief to specifically enforce Owner to remedy any such violation. ARTICLE IV MAINTENANCE, REPAIRS AND IMPROVEMENTS Section 1. Unit Exterior and Lot Maintenance. (a) Each Owner shall maintain the exterior of his Unit in an attractive manner and shall not permit the rain gutters, down spouts, exterior walls, windows, doors, walks, driveways, parking areas and other exterior portions of his Unit to deteriorate in any unattractive manner. Grass, weeds and vegetation shall be kept mowed and cleared at regular intervals on all Lots by the Lot Owners thereof so as to maintain the same in a neat and attractive manner. If any Owner shall fail to maintain his Lot in a neat and attractive manner as herein required, the Association shall have the right, privilege and option to cause any unkept portions of Lots to be mowed and maintained after giving ten (10) days written notice to the Lot Owner. The Association shall be entitled to a lien on such Lot for the cost of such work. (b) The Association shall have the sole responsibility of painting the exterior of all attached Units so that all painting will be done in a uniform and consistent manner to maintain the aesthetic appearance of the Property. In addition, the Association shall have the sole responsibility of maintaining the exterior surface ofthe roofs ofthe Attached Units, including the roofing shingles, the fences and decks so that all roof, fence and deck materials and finish are uniform and consistent and maintain the aesthetic appearance of the Property. Any maintenance required beneath the shingles of the roof shall be the responsibility of the Unit Owner. Section 2. Common Walls. (a) All reasonable costs of necessary restoration, repair and maintenance of Common Walls shall be shared by the Owners of Attached Units repaired and the costs of restoration, repair and maintenance of elements of a Common Wall serving only the Owner of one Unit in an Attached Unit, including, but not limited to, the costs of restoration, repair and maintenance of all plumbing, wiring, insulation, ducts and interior finish which services one Owner's Unit, only, shall be borne in that DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 8 (9/18/2000 Print) entirety by such Owner. Nothing contained herein shall prevent or prohibit an Owner from seeking a larger contribution than would otherwise be due hereunder if a larger contribution would be due under any rule of law regarding liability for negligence or willful acts or omissions. (b) Notwithstanding any other term of this Article to the contrary, any Owner who by his negligence or willful acts causes a Common Wall to be exposed to the elements shall bear the whole costs of furnishing the necessary restoration and protection from the elements. (c) To the extent not inconsistent with this Declaration, the general rules of law regarding party walls and liability for property damage due to an Owner's negligence or willful acts or omissions with respect to Common Walls shall apply thereto. Section 3. Common ,Areas and Amenities. The Association shall maintain and keep in good repair all of the Common Areas and all the amenities constructed thereon, including all basketball goals, tennis courts, picnic tables, driveways, open space, swimming pools and club houses, if any such amenities are constructed on the Common Areas. Further, the Association may hire a manager and/or security guard(s) for the Property and the Association is authorized to pay the salaries, costs and expenses incidental to such hire. ARTICLE V INSURANCE AND CASUALTY LOSSES Section 1. Insurance. The Association shall maintain insurance against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement cost of all repairs and/or reconstruction work, including built-in appliances, interior walls, light fixtures, but excluding personal contents, in the event of damage or destruction to the Unit from any hazard. Section 2. Repair or Reconstruction of Single Unit. In the event of damage to or destruction of a Unit by fire or other casualty, the Association, with the concurrence of the mortgagees (if any), upon receipt ofthe insurance proceeds paid on account of such loss contract to repair such damaged portion ofthe Unit or rebuild such Unit to as good condition as such portion of such Unit was in prior to the casualty in question. Section 3. Contents Insurance. The Owner(s) of all Units shall maintain insurance on the contents on a minimum amount of $15,000.00 per unit. ARTICLE VI GENERAL AND LIMITED COMMON ELEMENTS All of the Property shown on the Plat, except the Lots themselves which will be individually owned, used and enjoyed, and except for Limited Common Elements (as shown and designated on the Plat and as described below), is declared to be General Common Elements for the equal use and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 9 (9/18/2000 Print) benefit of all Lot Owners. No Lot Owner shall ever make any use of any of said General Common Elements which would or could interfere in any manner with the use and enjoyment of said elements by other Owners or which would in any manner interfere with the use for which said element is designated and intended. General Common Elements include the areas designated on the Plat as General Common Elements, including the recreational spaces, open areas, parking areas and walk- ways, but do not include the driveways which are designated on the Plat as Limited Common Elements and the Owner of the Unit appertaining to said Limited Common Element shall have the sole and exclusive right to use said Limited Common Element. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have one class of voting membership and the members shall be all Owners, and 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 determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE VIII COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments and Other Charges. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the Lots and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees incidental to collection of same, and all other charges for costs and liquidated damages due pursuant to this Declaration shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. PuMose of Assessments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for the improvement and maintenance of the Units and the Common Area. Section 3. Maximum Annual Assessment. Until the maximum annual assessment shall be Dollars DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 10 (9/18/2000 Print) ($ per Lot. (a) From and after , the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after , the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two -third (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and_Quorum for an Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 shall be sent to all members not less than 15 days nor more than 45 days in advance of the meeting. At the first such meeting called, the presence of members of proxies entitled to cast sixty percent (60%) of all the votes of the membership 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 one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and shall be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments, Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 11 (9/18/2000 Print) of its issuance. Section 8. Effect of Non -Pa ent 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 8% per annum. Furthermore, the Association shall charge and the Owner shall then pay a late payment fee of 10% of the amount of any assessment not paid on or before its due date. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments, interest and late payment fees provided for herein by non-use of the Common Area or abandonment of his Lot. ARTICLE IX ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made 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 of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce the same shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severabiiity. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions ofthis Declaration shall run with and bind the Property and Lots for a term oftwenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of time of ten (10) years each. This Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 12 (9/1&7000 Print) Section 4. Annexation. Additional residential property and Common Area may be annexed to the Property by an amendment executed by the Declarant at any time prior to two (2) years after the date hereof, and, thereafter, with the consent of two -third (2/3) of the members. Section 5. Covenants Run With Land. The covenants, agreements and restrictions herein set forth shall run with the title to the Lots and bind the Lot Owners, their heirs, successors and assigns, future Lot Owners and their heirs, successors and assigns; and all parties claiming by, through or under them shall be taken to hold, agree and covenant with the Owner of other Lots, their heirs, successors and assign, and with the Owner, as to the covenants and agreements herein set forth and contained. None shall be personally binding on any person, persons or corporation except with respect to breaches committed during its, his or their holding of title to Lots. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed and approved this Declaration of Covenants, Conditions and Restrictions hereafter. SQUARE DEAL BUILDERS, LLC B1 � Y. / l`ll TITLE: s,�/�rZs,����, r�r 2 ur�.� Reviewed only for inclusion of minimum standards required 5y the City of Little Reck subdivision regulatiow. Bill of Assurance Frovisic:.s ntabliched by t"a developer may excaed - ^ ..::, rrguiat ons of tho Little Rock subdivision and zoning ordinances. JYI�- City of Little Rock Planning Confmission DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 13 (9/18/2000 Print) STATE OF r kar 5�15 COUNTY OF IcE ACKNOWLEDGEMENT On this,9r\d day of /Vie,,,,,,1,6e�'2000, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named P r r-\ being the person authorized by said corporation to execute such instrument, to me personaIN well known, who stated that he/she was they,,n,, o4er & Atc,-of Square Deal Builders, LLC, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WIEREOF, I have hereunto set my hand and official seal this; day 2000. 7 NANCY G. PEIFiLSiEIN �z�rE NOTARY PUIX ~ NOTARY PUBLJC PUTASKI COL*M Liy Comm. Exp. MOI-10 F:\WINDOWS\WP51\DOCUMENT\REALPROP\18.64MARVINGARDENS2_GRH.wpd DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS / Page 14 (9/182000 Print) City of Little Rock Depar,ment of Public Works 7G1 West 1.,ar1ham Lithe Rock. Arks-rscs 371-4B11 FAX -=5D CIVIL ENGINEERING RESPONSE Engineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Fpproval for filing of this plat can be issued fflzo-NS Signed By / RD.URKS: x CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX FROM AGENCY FAX T PHONE r TOTAL PAGES City of Little Rock,Ark. 0226 Filing F es Date:,20b Annexation $ Bd.of Adjustment $ Cond. Use Permit $ Final plat $'�' Planned Unit Dev. $ Preliminary Plat $ Special Use Perm' Rezoning 3 Site Plans Right of way' w` abandonment $ Street name change $ Street name signs Number at ea. $ Total $ G?� File no. :5-G3-10 " Location Vi✓t C4, Applica t�2- By-z ��