ARTICLE II (31-47)

RESTRICTIONS

31. Notwithstanding anything to the contrary contained herein, Declarant and/or any builder or builders which Declarant may designate, may construct and maintain one or more model homes on any Lot or Lots in the Subdivision and may use such model home(s) for the purpose of promoting the sale of homes and Lots in the Subdivision or in adjacent or nearby subdivisions.

32. No commercial signs, except "for sale" signs of a normal and usual size, shape and material, shall be erected or maintained on any Lot except with the written permission of Declarant or except as may be required by legal proceedings. If such permission is granted, Declarant reserves the right to restrict sire, color and content of such signs. All property identification signs, mailboxes, delivery receptacles, yard lights and the like shall be of a standard color, size and style determined by Declarant and shall be erected only in areas designated by Declarant. At such time as Declarant has sold all of the Lots in the Subdivision, as may be expanded, Declarant may assign, transfer and delegate the rights provided in Article III to approve or disapprove of the items herein.

33. Notwithstanding anything to the contrary contained herein, Declarant and/or such other builders as may be approved by Declarant, solely or in conjunction with one another, may construct and maintain a sales office, together with a sign or signs on Lot(s) of their choosing until such time as all of the Lots in the Subdivision or in adjacent or nearby subdivisions have been sold and constructed by them.

34. No outside satellite dish, television antenna or other antenna, aerial, saucer, dish or similar receiving device shall be placed, constructed, altered or maintained on any Lot, provided, however, Owner may use a "DirecTV' antenna which shall be located on the rear of the Dwelling in the rear yard and within ten (10) feet of the Dwelling and shall not be visible from the street upon which the Dwelling faces.

Note: there is a conflict between this restriction and the FCC. Click here for details.

35. The stockpiling and storage of building and landscaping materials, equipment and/or firewood shall not be permitted on any Lot except if such materials, equipment and/or firewood may be used within a reasonable length of time, but in no event shall the storage of landscape material extend for a period of more than thirty (30) days. This paragraph shall not apply to Declarant and/or any builder which Declarant may designate during the construction period of new Dwellings in the Subdivision.

36. Any debris resulting from the destruction in whole or in part of any Dwelling, improvement or structure on any Lot in the Subdivision shall be removed with all reasonable dispatch from such Lot in order to preserve the sightly condition of the Subdivision.

37. No substantially similar front elevation in style and color of any Dwelling shall be duplicated on any Lot or the Lot on either side of such Lot or the three (3) Lots directly across the front yard from the Lot in question and the Lots immediately adjacent to such Lot unless approved by Declarant or the Architectural Control Committee as provided in Article I1I, Paragraph 2.

38. The design, construction, type of material and color used for Subdivision entranceways, gates, walls, fences and any other ornamental structures which Declarant may install or erect in the Subdivision, and the design and materials used in any landscaping installed in, on or around any of the aforementioned structures and Improvements or elsewhere in the Subdivision (including parks, park circles, cul-de-sac islands or outlets) (collectively referred to as "Subdivision Improvements") shall not be altered without the prior written consent of Declarant, nor shall any additions be made thereto without Declarant's prior written consent. No assignment or transfer of Declarant's rights or powers pursuant to Article III or IV hereof shall give any other entity the right to approve any additions or alterations to the above-mentioned Subdivision Improvements unless expressly provided for in writing by Declarant. All costs incurred in connection with the maintenance, repair and replacement of the above-mentioned Subdivision Improvements, including any public sprinkling systems installed thereon, shall be the sole responsibility of all Owners in the Subdivision, or the responsibility of the Association, and said Subdivision Improvements shall be maintained in such a manner as to assure and promote the attractiveness and pleasurable enjoyment of the Subdivision. Such costs shall be assessed and collected according to the provisions of Article IV hereinafter set forth.

39. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept conditions of buildings or grounds on such Lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or specific area.

40. No fencing of any type is allowed on any Lot unless there is an in-ground swimming pool. Any fence in this case must be approved as to height, length, material type and such other required specifications of the Township. In no instance will chain-fink fence be allowed. Furthermore, the type, style and location of fence must be approved by the Declarant in writing. Declarant reserves the right to refuse the proposed location, plans and specifications for the construction of said fence in the sole discretion of the Declarant, including decisions based upon purely aesthetic considerations.

41. No Lot shall be used or maintained as a dumping ground for rubbish or debris of any kind. Trash and other forms of waste shall not be kept on any Lot except in closed sanitary containers properly concealed from public view, which containers shall not be stored outside except on those days trash is collected, in which case trash containers may be outside for a period not to exceed twenty-four (24) hours.

42. Each Owner of an individual Lot in the Subdivision shall have the non-exclusive right to use the Common Areas for the purposes provided herein. The Common Areas shall be retained as open park areas, and no Dwellings shall be erected thereon. In addition, the Common Areas shall be used subject to the following provisions:

(a) There shall be no activity within any wetlands, which wetlands are state regulated, or woodlands except such as is permitted by applicable statutes, ordinances, rules and regulations of those governmental units having jurisdiction.

(b) The Common Areas shall be used and maintained in accordance with the provisions of all maintenance and/or easement agreements which are now or hereafter entered into by and between Declarant and/or the Association and the Township with respect to the Subdivision or any portion thereof, and any amendments to such agreements.

(c) The Association shall have the right to establish such rules and regulations as the Board of Directors may deem necessary or desirable for the safe, orderly and convenient operation and use of the Common Areas and any Improvements, equipment or facilities located thereon and for the preservation of any wetlands and woodlands located on any portion of the Subdivision.

43. Declarant, the Association and the Township, their agents and representatives, shall have a perpetual easement for reasonable access to the Common Areas and Landscaped Areas at all reasonable times for purposes of maintenance, repair, operation and improvement thereof.

Prior to the conveyance of the Common Areas by Declarant to the Association, Declarant, subject to all applicable municipal ordinances, shall have the exclusive right to use the public or private easements within the Common Areas for the construction, installation, repair, maintenance and replacement of rights-of-way, walkways, bicycle paths, water mains, sewers, drains, retention basins, water wells, electric lines, telephone lines, gas mains, cable television and other telecommunications lines and other public and private utilities, including all equipment, facilities and appurtenances relating thereto. Declarant reserves the right to assign any such rights to units of government or public utilities. Declarant shall not be obligated to make any improvements to the Common Areas, to provide recreational facilities or to construct or install any buildings, structures or other improvements in the Common Areas, except as may be required by the Township in its final approval of any site plan or plat for the Subdivision.

Upon conveyance by Declarant to the Association of title to the Common Areas, the Association shall have the right to dedicate or transfer all or any part of the Common Areas to the public use and the right to reserve, dedicate or grant public or private easements, subject to bringing an action in the Wayne County Circuit Court pursuant to Sections 221 through 229 of the Subdivision Control Act, as amended, for such purposes and subject to such conditions as may be agreed upon by the Owners; provided, however, that any dedication, transfer or determination as to the conditions thereof shall be effective only upon execution of an instrument signed by sixty-six and two-thirds percent (66-U3%) of the Owners, and provided further, that any dedication, transfer or determination as to the conditions thereof shall be effective only upon the prior consent of the Township.

44. In the event the Association fails at any time to maintain the Common Areas and Landscaped Areas in reasonable order and condition and pursuant to the Agreement for Maintenance of Storm Drainage Facilities and the Agreement for Maintenance of Subdivision Landscaping executed by Declarant and recorded against the Subdivision, the Township may serve written notice upon the Association setting forth the manner in which the Association has failed to maintain the Common Areas and Landscaped Areas, and such notice shall include a demand that deficiencies of maintenance be cured within thirty (30) days thereof and shall further state the date and place of a hearing thereof before the Township Board or such other board, body or official to whom the Township Board shall delegate such responsibility, which shall be held within fourteen (14) days of such notice.

If deficiencies set forth in the original notice, or any modification thereof, shall not be cured within such thirty (30) day period, or any extension thereof, the Township, in order to prevent the Common Areas from becoming a nuisance, may maintain the same, and the costs of maintenance shall be assessed against the Owners in the Subdivision and their respective successors and assigns, which assessment shall be payable in the manner required by the Township. In addition to other methods of collection, the Township shall have the right to place such assessment on the Township tax rolls of the assessed property.

45. No part of any Dwelling or other structure shall be used for any activity normally conducted as a business, trade or profession and which is otherwise precluded by local municipal ordinance; provided, however, this prohibition shall not apply to (a) use of computer(s) for maintaining personal and/or business record keeping, and (b) participating in personal, business or professional telephone calls or correspondence in the Dwelling, but is meant to prohibit the stocking and selling of inventory, use of the Dwelling or other structure for meetings with customers, clients or employees in connection with the promotion of any business or the products or services of the business or as more particularly described in the local municipal ordinance(s) governing such activities.

46. It is specifically acknowledged that should Declarant or its assigns fail or refuse to exercise its rights or abandon such rights granted to Declarant in Article II above as to any matters referred to, express or implied, in Article II above, the Declarant shall have no responsibilities, duties, liabilities or obligations, express or implied, of any kind or nature whatsoever.

47. Provisions Required by the Charter Township of Canton:

(a) The Declarant has entered into an agreement with the Township of Canton to provide for the maintenance of the storm water retention basin situated in the Subdivision, as established by the Flat ("Agreement for Maintenance of Storm Drainage Facilities"). The Agreement for Maintenance of Storm Drainage Facilities is binding upon the Declarant and the Association and each Owner of any Lot, Notwithstanding any limitation on assessments to the contrary, the Township of Canton shall have the n'ght, but not the duty, pursuant to the Agreement for Maintenance of Storm Drainage Facilities, to assess the Owners of any Lot, including the Declarant or any builder, for the costs of maintaining the storm water retention facilities upon the failure of the Declarant or the Association to maintain the same. Any charge imposed by the Township of Canton on the Declarant for failure of the Association to maintain the storm water retention facilities may be charged by the Declarant to the Association and shall be payable as an additional assessment by the Owners, including builders.

In addition to the other methods of collection, the Township of Canton shall have the night to place such assessment on the municipal tax rolls of the properties and the Lots and collect the same in the same manner as any property tax or assessment. The foregoing shall not be the exclusive right or remedy of the Township of Canton and the rights and remedies provided to the Township of Canton by statute, ordinance, agreement or other provisions of the Declaration shall be preserved.

(b) The Declarant has entered into an agreement with the Township of Canton to provide for maintenance of landscaping in the Subdivision and in rights-of-way within the Subdivision ("Agreement for Maintenance of Subdivision Landscaping"). The Agreement for Maintenance of Subdivision Landscaping is binding upon the Declarant and the Association and each Owner of any Lot. Notwithstanding any limitation on assessments to the contrary, the Township of Canton shall have the right, but not the duty, pursuant to the Agreement for Maintenance of Subdivision Landscaping, to assess the Owners of any Lot, including the Declarant, or any builder, for the cost of maintaining the landscaping and upon the Declarant or the Association to maintain the same. Any charge imposed by the Township of Canton on the Declarant for failure of the Association to maintain the landscaping may be charged by the Declarant to the Association and shall be payable as an additional assessment by the Owners, including builders.

In addition to the other methods of collection, the Township of Canton shall have the right to place such assessment on the municipal tax rolls of the properties and the Lots and collect the same in the manner as any property tax or assessment. The foregoing shall not be the exclusive right or remedy of the Township of Canton and the rights and remedies provided to the Township of Canton by statute, ordinance, agreement or other provisions of the Declaration shall be preserved.

(c) The Association shall maintain liability insurance in sufficient amounts for the purpose of protecting itself as well as the Owners, the Declarant, builders and the Township of Canton from the burden of any liability resulting from accidents which may cause death or injury to anyone or damage or casualty to personal property while in the Common Areas or on any property under the jurisdiction or control of the Association. Any liability insurance shall name the Owners, the Declarant, builders and the Township of Canton as additional insureds. The Township shall be insured in an amount which is acceptable to it. Proof of insurance shall be provided to the Township on an annual basis.

(d) No amendment may be adopted without the consent of the Declarant at any time in which it owns one (1) or more Lots in the Subdivision. No provision of the Declaration which specifically applies to or grants rights to the Township of Canton may be released, changed, modified or amended without the express written consent of the Township of Canton. Any amendment must be recorded with the Wayne County Register of Deeds before the amendment becomes effective.