DISCLAIMER: The following text of the Timberlake South CC&Rs has been reformatted for this web site. Also, in some places minor typographic errors in the orginal document have been corrected. The ONLY legally binding documents are those that you may obtain from Cibola County or the one obtained by you from your real estate broker or escrow agent at the time of sale.
TIMBERLAKE SOUTH SUBDIVISION
RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
As recorded in Cibola County, New Mexico, 24 April. 1996
Deed Book 5, Pages 7090-7107
by SEASON ASSOCIATES. Ltd., a California Limited Partnership hereinafter
referred to as "Declarant";
CONTENTS:
ARTICLE I: DEFINITIONS
ARTICLE II: INCORPORATION OF ARTICLES AND BYLAW PROVISIONS
ARTICLE III: RESTATEMENT OF DECLARATIONS
ARTICLE IV: USE RESTRICTIONS
ARTICLE V: BUILDING AND PLANTING RESTRICTIONS
ARTICLE VI: ENFORCEMENT
ARTICLE VII: MISCELLANEOUS PROVISIONS
ARTICLE VIII: GENERAL PROVISIONS
WITNESSETH:
WHEREAS, Timberlake South Subdivision, a subdivision in Cibola County,
New Mexico, is located within a naturally beautiful area. and whereas
it is desirable to impose certain restrictions to protect and enhance
the natural beauty of Timberlake South, through the adoption and establishment
of Covenants, Conditions and Restrictions (CC&Rs) upon said real property
and each and every Lot and portion thereof and upon the use, occupancy
and enjoyment thereof, all for the purpose of protecting the value, desirability
and attractiveness of said real property: and
WHEREAS. Declarant has deemed it desirable for the efficient preservation
of the value, desirability and attractiveness of said real property and
such additional real property as may be annexed thereto, pursuant to the
provisions of this Declaration, to provide for an association to which
should be delegated and assigned the powers of maintaining, administering
and enforcing these covenants, conditions and restrictions and collecting
and disbursing funds pursuant to the assessment and charges hereinafter
created and referred to.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that:
Timberlake South and each of the Lots therein shall be held, sold and
conveyed subject to the covenants, conditions, restrictions, easements.
liens and charges contained in this Restated Declaration of Covenants.
Conditions and Restrictions for Timberlake South. The Restated Declaration
is declared to be for the benefit of the whole subdivision and the Owners
thereof and their successors and assigns. Said covenants, conditions,
restrictions, easements, liens and charges shall run with said real properly
and shall be binding on all parties having or acquiring any right, title
or interest in said real property or any part thereof and shall inure
to the benefit of each Owner thereof and are imposed upon said real property
and every part thereof as a servitude in favor of each and every part
thereof as the dominant tenement or tenements.
ARTICLE I DEFINITIONS
Whenever used in this Restated Declaration, the following
terms will have the following meanings:
Section 1: "Association" means and refers to Timberlake Ranch
Landowners' Association, a New Mexico nonprofit corporation, and its successors
and assigns. A copy of the Articles of Incorporation and Bylaws of the
Association have previously been recorded on April 17, 1989, along with
certain CC&Rs that are being replaced by these Restated CC&Rs.
Section 2: "Declarant" means and refers to
Season Associates, Ltd., a California Limited Partnership, formerly Ramah
Lake Venture.
Section 3: "Front" means and refers to that
boundary of a Lot that is adjacent to a road. If the Lot in question is
a corner Lot and thereby has two or more sides adjacent to a road, then
for set back purposes all sides adjacent to the roads shall be defined
as the Front. By way of example, the Front Lot line of Lot one (1) is
defined as the street line on the northern, northwestern and eastern boundaries.
Section 4: "Living Unit" means and refers to
any building or portion of a building situated on a Lot designed and intended
for use as a single residential unit.
Section 5: "Lot" means and refers to a recorded
Lot within Timberlake South but does not mean or include any Common Area.
Section 6: "Member" means and refers to every
person or entity who is an Owner and by such Ownership is considered a
member in the Association.
Section 7: "Member In Good Standing" means and refers to every person or entity who holds membership in the Association and is current in paying the annual Association assessments and is not currently in violation of any Association rules, regulations, guidelines or Timberlake South CC&Rs.
Section 8: "Owner" means and refers to any Owner, whether one or more persons or entities, of any Lot or Living Unit either in fee simple or as beneficial Owner, under the terms of an outstanding real estate contract, or any tenant, resident renter or holder of a leasehold interest in any Lot or Living Unit, excluding those having such interest merely as security for the performance of an obligation.
Section 9: "Property" means and refers to all of the real property known as Timber1ake South.
Section 10: "Timberlake South" means the subdivision
located within Cibola County, New Mexico, known as Timber1ake South Subdivision,
as shown on the plats entitled, "Timberlake South (Revised), A Subdivision
in Section 19 & 30, T 11N, R 15W, N.M.P.M., Cibo1a County. New Mexico,"
recorded on July 29, 1983 as Document No.8595, in Plat Cabinet Book 1,
Page 62, in the Cibola County, New Mexico records, and thereafter revised
and recorded at 1:01 PM on April 10,1996, Cabinet C, Slot 89, Records,
Cibola County, New Mexico. Timberlake South is comprised of thirty-one
(31) residential Lots, numbered 1 through 31A.
ARTICLE II INCORPORATION OF ARTICLES AND BYLAW PROVISIONS
All provisions of the Articles and the Bylaws of the Association, as they may be amended from time to time, including without limitation the provisions concerning use and maintenance of the Common Areas, membership in the Association, assessments against Lots, enforcement of assessments, establishment of liens on Lots to secure payment of unpaid assessments, leasing of Lots and rights of first mortgagees, are hereby incorporated in these Restated Covenants by reference and constitute covenants, conditions, restrictions, easements, liens and charges of these Restated Covenants. Matters concerning Association governance and operation are provided in Articles and Bylaws. All Owners will be Members of the Association, with all the rights, privileges, burdens and benefits of membership as provided in the Articles and the Bylaws of the Association.
ARTICLE III RESTATEMENT OF DECLARATIONS
Declarations of Covenants, Conditions and Restrictions
for Timberlake South were recorded July 13, 1988, In Miscellaneous Book
1, Pages 7733-7747, records of Cibola County, New Mexico and recorded
to show Exhibit A-1 (Articles of Incorporation of the Association) and
Exhibit B-1 (By-Laws of the Association) on April 17, 1989 in Miscellaneous
Book 1, Pages 8495-8567, records of Cibola County, New Mexico. These Declarations
are hereby amended and restated in their entirety to read as provided
in this Restated Declaration.
ARTICLE IV USE RESTRICTIONS
Section 1: Uses Other than Residential Prohibited. All Lots in Timberlake
South and tracts within such real property as may be annexed thereto shall
be used exclusively for private, single-family residential purposes, and
no part of any such Lot shall be used directly or indirectly, for any
business or profession or for any commercial, manufacturing, mercantile,
storing, vending, civic, educational, religious, musical, medical, hospital,
cemetery, crematory, institutional or other non-residential purpose, for
the drilling thereon for oil, gas or any other mineral substance; for
the manufacture or sale of alcoholic, malt, vinous or spirituous liquors
or for the carrying on of any noxious activity or pursuit to any act or
thing which may be or become an annoyance or nuisance to the neighborhood.
Section 2: Livestock Prohibited. No pigs or sheep shall
be kept or permitted to be kept on any Lot and the Association may, from
time to time, designate other animals that shall be prohibited from being
kept on the Property.
Reasonable and limited numbers of horses and cattle may be kept on any
Lot, subject to the periodic review and approval of the Association.
No dogs, cats, birds, poultry, bees, rabbits or other pets shall be raised
or traded as business, either directly or indirectly, on any Lot. No pets
shall be kept which, in the opinion of the Association, disturb the neighborhood
by excessive noise, or, which, if other than dogs, cats or birds, are
allowed to leave the premises while not under Owner's control.
Section 3: Construction Diligently Prosecuted. The process
of construction of any building or structure shall be prosecuted diligently
and continuously from the time of commencement until fully completed,
and the exterior of all structures shall be constructed and enclosed and
have a finished appearance not later than eighteen (18) months from the
time the initial foundations are laid.
Section 4: Occupancy of Unfinished. Temporary or Mobile
Structures Restricted. No residence in any manner shall be occupied or
lived in until the exterior is made to comply with all requirements of
the Association and the residence complies with the other requirements
set forth herein.
No building or structure on any Lot, other than a completed residence,
shall be lived in or used for dwelling purposes, and mobile homes, trailers
of any kind, campers, tents, shacks, outbuildings or other structures
are prohibited, except as provided in this Restated Declaration.
Prefabricated homes. manufactured homes and modular homes or any other
type of home, dwelling or building manufactured off the Property shall
not be brought onto or assembled on the Property without the express written
permission of the Association.
All dwellings, of any type, manufactured, in part or in total, away from
the Property will be held to a higher visual standard of quality of construction,
appearance and general attractiveness by the Association when proposed
for placement on any Lot.
Nothing herein shall prohibit a contractor from maintaining a temporary
tool house/ shed and from using construction equipment on a Lot during
construction. However, all such storage facilities and equipment must
be removed from the Lot after the residence is completed.
While a permanent residence is being constructed on a Lot, a mobile home
may be placed on said Lot to be used on a temporary basis while construction
is underway. Such mobile homes may not be placed on a Lot for a period
exceeding eighteen consecutive (18) months. However, the mobile home may
not be moved onto the Lot until all building permits for construction
of the permanent residence have been obtained from the appropriate governmental
authorities and the written approval of the Association has been obtained
for the placement of the mobile home.
Section 5: Camping on a Lot. Camping on a Lot, including
the use of recreational vehicles, mobile homes, trailers, campers, and
tents as overnight accommodations is permitted only under the following
conditions:
(a) The Owner of the Lot shall be in the general area of Timberlake Ranch
at all times when camping, and any camping, recreational or miscellaneous
equipment used while camping cannot be left unattended for extended periods
of time, e.g., from a weekend -through the week to the next weekend.
(b) Camping may not exceed 21 days in anyone calendar month,
(c) Camping when permitted will be allowed behind the front setback lines
and never in any of the setback areas, See Article V, Section 4.
Section 6: Limitation on Use of Signs. No signs or billboards of any kind
shall be erected, permitted or maintained on any of the Property or roadways
except upon prior written approval by the Association. Such approval may
be revoked at any time by the Association.
However, the following signs may be displayed without such specific approval:
(a) Provided building plans have been duly approved by the Association,
professionally lettered signs naming the architect, construction company
or subcontractors may be displayed on the Lot during actual construction,
but no such sign shall exceed the dimensions of 36" X 36".
(b) Only one "For Sale" or "For Lease" sign may be
maintained at any time on a Lot provided it does not exceed the dimensions
of 36" x 36", is professionally lettered, and contains no mention
of price and only the name, address and/or telephone number of the Owner
or his duly authorized licensed real estate broker / agent.
Smaller riders describing the acreage and the house or other improvements
may be added to the main sign provided they do not contain words or text
tending to depreciate values or impair the character of the neighborhood
such as "Sacrifice," "Special Price," "Your Terms,"
"Fire Sale," "Nothing Down," "Low Payments"
etc.
(c) Up to four (4) pennants and one "open house" sign, not exceeding
24" x 24", may be displayed on the Lot while a licensed real
estate sales agent is present,
(d) After the closing of a sale a broker/agent may continue to display
his sign with a "Sold" rider attached for a maximum of 30 days
after which the entire sign must be removed from the Lot. Signs
not authorized in writing by the Association or not conforming to the
above exceptions, may be removed summarily and destroyed without notice
by the Association. Signs that are allowed to deteriorate and become unsightly
shall be considered unauthorized, even if originally approved or permitted.
Section 7: Privies/"Outhouses". No privy/outhouse
shall be erected, maintained or used upon the Property except that a temporary
portable chemical toilet, above the ground and self-contained, may be
used on a Lot during the course of construction of a residential building
on the Lot. Except for self-contained. temporary portable chemical toilets,
any lavatory, toilet or water closet shall be: (a) permitted by the appropriate
governmental authorities, (b) enclosed, (c) located within a building
properly erected as herein provided.
Section 8: Land to be Kept Cleared of Rubbish. Each Owner
shall keep his Lot free and clear of all trash, debris, garbage and other
rubbish including such material dumped on his Lot by others. Each Owner
shall prevent his Lot from becoming unsightly by reason of deterioration
of paint or other materials and in general. shall do all other things
necessary or desirable to keep his Lot neat, clean. attractive. and in
good order. All debris, trash, garbage and other rubbish will be disposed
of in accordance with the directions of the Association, as may be given
from time to time, and will not be buried upon the Lot by the Owner. If
a garden or lawn has been installed. it shall be adequately cultivated,
mowed and watered. If an annual garden is propagated, then such garden
will be stripped of old vegetation before the onset of winter. For prohibitions
against storing rubbish see Article V, Section 3.
Section 9: Tanks and Receptacles. Every tank for the
storage of fuel installed outside any structure on the Property shall
be either buried below the surface of the ground or screened to the satisfaction
of the Association. Outdoor receptacles may be used for temporarily holding
ashes, trash, rubbish or garbage and shall be installed underground, screened
or so placed and kept as not to be visible from any street or from anywhere
on the Common Area at any time except during regularly scheduled refuse
collections; such receptacles shall not be used to permanently hold ashes,
trash, rubbish or garbage which shall be disposed of in accordance with
the directions of the Association as may be given from time to time.
Section l0: Mining or Drilling. No drilling, refining,
quarrying or mining operations or any kind shall be permitted upon or
in the Property. The drilling of one "producing" water well
on a Lot is allowed and requires a well drilling permit from the New Mexico
State Engineer.
Section 11: Radio Stations and Antennas. No radio station
or short-wave operators of any kind shall operate on any Lot so as to
disturb radio and television reception of other Owners. If a satellite
dish, 25" or larger, is installed on any Lot, the dish shall be placed
on the side of the residence opposite the side of the residence facing
any roadway and a wooden structure will be erected around the dish to
prevent the dish from being unsightly. No exterior television or radio
antenna of any kind shall be constructed or erected on any Lot after such
time, if ever, as a community antenna television system has been made
available to residences.
Section 12: Bluffs and Cliffs, in, on or adjacent to
Timberlake South Subdivision. No building upon, alteration or addition
to the natural bluffs and cliffs is allowed nor shall any structure of
any kind be allowed to be constructed within 100 feet of the bluffs or
cliffs.
Section 13: Hunting and Firearms. No hunting, poaching
or trapping is allowed in Timberlake South.
The use of bow and arrow in Timberlake South is prohibited. Except for
the protection of the Owner's life, household and livestock, no discharging
of firearms shall be allowed within Timberlake South. No recreational
discharging of firearms shall be allowed within Timberlake South.
Section 14: Reservation of Declarant's Rights. Declarant and Declarant's duly authorized agent or agents, while developing, marketing and selling of Timberlake South, shall have the right to remove from or add to any soil on any land owned by Declarant and shall have the right of ingress and egress from the Property for the purpose of grading, constructing and altering any street improvements and the carrying out of any and all other things deemed necessary or useful by Declarant.
Anything to the contrary in these CC&Rs notwithstanding,
Declarant, or Declarant's duly authorized agent or agents may conduct
a real estate business which includes, by way of example. but not limited
to these examples, the development of Timberlake South and the real property
known as Timberlake Ranch and the marketing and selling or re-selling
of Lots therein, and Declarant may erect, place and maintain signs of
any size, notwithstanding the requirements of Article IV, Section 6, trailer
offices, and/or buildings, construction equipment and materials yards
in connection with the conduct of such business. Any and all of these
activities may be accomplished by Declarant solely as Declarant deems
necessary.
Section 15: Use or Public Utility Easements. Reservations
and Rights of Way. Various public utility easements and rights-of way
have been located or granted throughout the Property, which easements
may be used only for the purpose of the provision or location of public
utilities. Such easements and rights-of-way may not be used by the public
or by any person or entity for any purpose whatsoever, except that the
grantee of the easement or right-of-way may only use the easement for
the purpose for which the easement was granted.
ARTICLE V BUILDING AND PLANTING RESTRICTIONS
Section 1: Single-Family Residences. On each Lot no more than one detached.
full size, single-family residence (the "main residence") shall
be erected. constructed or maintained, together with not more than one
guest house, together with the customary accessory outbuildings appurtenant
thereto. No Lots shall be divided. Garages may be attached to, or detached
from, the residence. Buildings supported on posts shall have exterior
wall material to grade or lattice to grade having sixty percent (60%)
solid area surface. If underground primary electrical service is obtained,
then hook-up lines and drop lines are to be underground.
Section 2: Minimum Size of Residence.
(a) No main residence shall be erected on any Lot in Timberlake South
which shall have a first floor area ("footprint") of less than
one thousand two hundred (1,200) square feet of enclosed livable area,
excluding outside porches, sun porches, screened in porches, patios, attached
or detached garages, or carports.
Before a main residence may be constructed, the plans
for the residence must be submitted to the Association, and the Association's
written approval as to the placement of the residence on the Lot (with
regard to front, rear and side set-backs only) the size of the residence,
roofing material and siding material must be obtained before construction
may commence. If the contemplated improvement is to be a prefabricated,
manufactured or modular home or any other type of dwel1ing manufactured
off the property see Article IV, Section 4 of these Covenants.
(b) No guest house residence shall be erected on any Lot in Timberlake
South which shall have a first floor area, "footprint," of less
than six hundred (600) square feet nor more than one thousand (1, 000)
square feet of enclosed livable area, excluding outside porches, sun porches,
screened in porches, patios, garages. or carports. Before a guest house
residence may be constructed or occupied the main residence must be completed
and have been issued an occupancy permit by the appropriate state or county
authorities. Guesthouse plans must be submitted to and approved, in writing
by the Association. The Association's written approval as to the placement
of the guest house residence on the Lot (with regard to front, rear and
side set backs only}, the size of the residence, roofing material and
siding material must be obtained before construction may commence. If
the contemplated improvement is to be a prefabricated, manufactured or
modular home or any other type of dwelling manufactured off the property
see Article IV, Section 4 of these Covenants.
Section 3: Lots Not to be Used for Storage. No Lot shall
at any time be used for open air storage of building materials, vehicles,
implements, tools, junk, rubbish or any other things whatsoever: if such
items on a Lot, including items described in Article IV, Section 8 of
this Restated Declaration, are not removed within fifteen (15) business
days after written notice to remove is mailed by the Association to the
Owner of that Lot at the address as set forth in Association records,
the Association may remove the items and the Owner will pay to the Association
all costs and expenses incurred in connection with that removal. The Association
will give written notice to the Owner of the total amount of the costs
and expenses incurred by the Association. The amount or such costs and
expenses will be payable on demand, will bear interest as described in
Article VI, Section 5, will constitute a lien on the Lot until paid, and
the Association may enforce its lien by all remedies as provided by law.
Nothing in this section will prevent an Owner from placing and maintaining
building and landscaping materials, tools or equipment on any Lot or building
as provided in Article IV, Section 4, of this Restated Declaration, for
use in such construction; provided, that such construction shall commence
within a reasonable time and the construction of the exterior of the building
shall be constructed and enclosed and have a finished appearance not later
than 18 months from time the building permit is obtained from the applicable
governmental authority.
No construction may be commenced until a building permit has been obtained
and the Association has approved the plans as provided herein. Should
such construction not commence within such reasonable time, the materials,
tools, or equipment, must be removed immediately upon request of the Association.
Section 4: Front. Rear and Side Setback Lines. These
setback lines are provided with the intention that all improvements constructed
on Lots within the Subdivision be placed behind, near or within the trees
on the Lots and not in the non-forested open spaces on the front of most
Lots.
No residence, garage, or other building, or any part thereof, including
porches, chimneys, steps, balconies and/or other architectural features,
shall be erected, placed, permitted, and/or maintained on any such Lot
at a location leaving less than a total of fifty (50') feet from each
of the side boundaries and less than the front and rear setbacks listed
below. If the front and/or rear setbacks of a Lot are infringed upon by
improvements, such as by way of example, but not limited to these examples,
an entrance driveway arcade, fences, walls, clothesline poles, pool heaters,
mailboxes, name and address markers and the like, then and only then shall
the Association thereafter have the power in its sole discretion to approve
or deny the location, the type of material used for construction and the
overall general appearance of the improvement(s) on that Lot.
The purpose of the setbacks at or in excess of one hundred feet (100')
is to preserve the natural state of the non-forested open areas in the
front of many of the Lots, while the purpose of the one hundred foot rear
set-backs is to preserve the bluff and cliff areas at the rear of most
Lots. Either of these setbacks may be modified, enlarged or reduced, by
the Association if the modification will preserve the area's pristine
appearance. Such modification is at the sole discretion of the Association.
APPROXIMATE SET-BACKS FOR ALL LOTS IN TIMBERLAKE SOUTH
(All "Setback" numbers are in feet)
FRONT REAR
LOT NUMBER SETBACKS* SETBACKS* *
1 140/540* 50
2 100 250
3 100 250
4 100 250
5 100 250
6 100 250/400*
7 100 400
8 100 400
9 100 400
10 100 400
11 100 400/300*
12 100 300/200*
13 160/480* 200/300*
14 480/670* 300/400*
15 670/510* 400/390*
16 510/370* 390/340*
17 370/530* 340/420*
18 530/670* 420/380*
19 670/760* 380/410*
20 760/380* 410/400*
21 380/460* 400
22 460/520* 400/110
23 520/430* 110/300*
24 430/590* 300/400*
25 590/740* 400/500*
26 740/920* 500
27 920/1020* 500
28 1020/1040* 500/600*
29 1040/1010* 600
30 1010/955* 600
31-A 955/900* 600
*Where there are two measurements, for example the front setback on Lot
30, " 1010/955," the first number, "1010/," refers,
normally, to the set back on the west side of the Lot and the second number,
"/955," refers, normally, to the setback on the east side of
the Lot. Please refer to Article I, Section 10 of these Covenants, RE:
TIMBERLAKE SOUTH (revised) subdivision map dated October 18, 1995 for
a visual clarification of this information. See Article I, Section 10
which contains recording information about the subdivision map.
**Where there are two measurements, for example the rear setback on Lot
28, "500/600," the first number, "500/," refers, normally,
to the setback on the west side of the Lot and the second number, "
/600," refers, normally, to the setback on the east side of the Lot.
Please refer to Article I, Section 10 of these Covenants, RE: TIMBERLAKE
SOUTH (revised) subdivision map dated October 18, 1995 for a visual clarification
of this information. See Article I, Section 10 which contains recording
information about the subdivision map. Also, see ARTICLE IV, Section II:
"Bluffs and Cliffs in on or Adjacent to Timberlake South Subdivision."
Section 5: Height and Material Restriction for Fences,
Walls and Plantings. No fence, hedge or planting (with exception of trees)
exceeding 7 feet in height above the ground or any finished surface shall
be permitted or maintained on a Lot, unless such improvement is constructed
for purposes of satisfying Article IV. Section 11. Radio Stations and
Antennas. The approval of the Association for the construction of a fence
must be obtained before a fence may be constructed to ensure that no prohibited
materials, a few examples of which are provided in the next paragraph,
are used in the construction of the fence and that the appropriate set-backs
are observed. No fence consisting of chain-Link. "cyclone type fencing,"
or pipe may be constructed or installed in Timberlake South. All fences
constructed on Lots 2 through 11 shall be set back at least fifty (50')
feet from the Front of each Lot. All fences constructed on Lot 1 and Lots
12 through 31 shall be set back at least seventy-five (75') feet from
the Front of each Lot. The Association may remove any fence constructed
with prohibited materials or any fence constructed within the set back
area pursuant to Article VI. Section 3 of this Restated Declaration.
No trees or shrubs shall be planted or placed on any Lot which substantially
obstructs or diminishes the view from any other Lot. Upon a finding made
by the Association that a view is substantially obstructed or diminished
by trees or shrubs on any portion of a Lot, where the trees or shrubs
have been planted after the date of these CC&Rs, the Owner thereof,
upon written notice sent to Owner by the Association, shall remove, cut
down or cut back any such trees and shrubs to the extent specified by
the Association within thirty (30) business days of the mailing of such
notice. If the trees and shrubs are not removed within that 30-day period,
the Association may remove the trees and shrubs. The Owner of the Lot
on which the trees and shrubs were located will pay all costs and expenses
of the Association in removing the trees and shrubs.
The Association will give written notice to the Owner of the total amount
of the costs and expenses incurred by the Association under this Section
by mail to the address of the Owner of the Lot as set forth in Association
records. The amount of such costs and expenses will constitute a lien
on the Lot until paid, and the Association may enforce its lien by all
remedies provided by law.
Section 6: Roofing Material Requirements For Any Improvements Built Upon A Lot. No white, shiny or highly reflective material, including shiny metal, shall be used as roofing material. Also, no corrugated metal or painted metal shall be used as roofing material. Owners are encouraged to select a fire resistant material for all roofing surfaces.
Section 7: Siding Material Requirements For Any Improvements
Built Upon A Lot. No white, shiny or highly reflective material, including
shiny metal, shall be used as siding material. Also, no corrugated metal
or painted metal shall be used as siding material. Owners are encouraged
to select a fire resistant siding material.
ARTICLE VI ENFORCEMENT
Section 1: Powers of Association. The Association is
delegated and assigned the power to administer and enforce this Restated
Declaration and collect and enforce the assessments, charges, and liens
provided in the Articles and Bylaws. The Association consequently has:
(a) the right to assess the Owners and enforce the assessments by lien
or otherwise as provided in the Articles and Bylaws; and
(b) the right to enforce, by proceedings of law or in equity, all restrictions,
conditions, rights. Assessments, liens and charges imposed by this Restated
Declaration or any amendment to this Restated Declaration and
(c) the right to prevent the violation of any such restrictions, conditions
and rights.
Certain functions of the Association may be delegated by the Association
as provided in the Articles and Bylaws to committees of the Board for
ease in obtaining necessary approvals and permits from the Board.
Section 2: Powers of Owners. An Owner has the same rights
as the Association has under the preceding section, except that the Association
and not an Owner has the exclusive right to the enforcement of Association
assessments and charges and liens arising therefrom.
Section 3: Powers of Declarant. Declarant has the same rights as an Owner
under the preceding section. Declarant has no responsibility to exercise
its rights and may, in its sole discretion, exercise them or not in each
instance.
Section 4: Right of Entry to Correct Violations. Officers
of the Association may enter upon and inspect, within reasonable hours
and with reasonable written notice to the Owner, any or all Lots either
improved or unimproved to the extent reasonably necessary to determine
whether a violation of this Restated Declaration has occurred. Written
notice is not necessary if the Owner verbally consents to the inspection
and is present during the inspection. If a violation of this Restated
Declaration is not cured within fifteen (15) business days after written
demand that the violation be cured is hand-delivered by the Association
to the Owner or mailed by the Association to the Owner of that Lot at
the last address for the Owner in Association records or within such longer
time, not to exceed seven (7) months, as the Board may determine in its
discretion, then upon consideration of weather conditions, the nature
of the violation, and other pertinent matters, the Association may abate
or remove the structure, object or condition on the Lot that violates
these Restated Covenants. An easement is hereby granted to the Association
across any of the Property as may reasonably be necessary or appropriate
to carry out the provisions of this Section.
Section 5: Nuisance. Every act or omission which violates
any condition restriction or covenant contained in these Restated Covenants
is declared a nuisance. The Association or any Owner has the right to
exercise every lawful remedy against a nuisance. Use of one remedy by
the Association will not prevent the Association from using any other
remedy as well.
Section 6: Association Costs and Expense To Cause Compliance.
If any covenant, condition or restriction of this Restated Declaration
is not performed as required by this Restated Declaration, and the Association
takes such action under the Article as is necessary or desirable in order
to cause compliance with this Restated Declaration the Board will send
written notice of the amount of the compliance costs and expenses incurred
by the Association to the Owner of the Lot at the last known address of
the Owner in the Association records and such amount will be due upon
receipt. The total amount of such costs and expenses, plus interest at
the rate of one and one-half percent (1 1/2%) per month (or at the highest
lawful rate if less than one and one-half percent per month) from the
due date will constitute a lien on the Lot until paid, and the Association
may enforce its lien in the manner provided in the Bylaws for enforcing
liens for non-payment of assessments.
Section 7: Litigation. The Association has the power and authority to commence judicial or administrative proceedings: (a) to enjoin or seek damages for injury to the Property or trespass on the Property; (b) to enforce the provisions of this Restated Declaration; (c) to collect the assessments provided in the Bylaws; (d) to challenge property or other taxes or liens assessed against the Property or the Association; (e) to assert or protect any interest of the Association.
ARTICLE VII MISCELLANEOUS PROVISIONS
Section 1: Severability. Invalidation of anyone of these covenants, conditions
or restrictions by judgment or court order shall in no way affect any
other provisions which shall remain in full force and effect.
Section 2: Term. The covenants, conditions and restrictions
of this Restated Declaration are imposed for a term of forty (40) years
from the date this Restated Declaration is recorded, after which time
said covenants, conditions and restrictions shall be automatically extended
for successive periods of ten {10) years, unless at any time, an instrument,
signed by the Owners of a majority of Timberlake South Lots has been recorded
agreeing to change said covenants, conditions and restrictions in whole
or in part.
Section 3: Construction. The provisions of this Restated
Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the development of a residential community
or tract and common areas. The Article and Section headings have been
inserted for convenience only, and shall not be considered or referred
to as resolving questions or interpretation or construction.
Section 4: Amendments. Until such time as Declarant conveys
a Lot by deed to an unrelated third party, this Restated Declaration may
be amended by Declarant executing and recording an Amendment to this Restated
Declaration.
After Declarant conveys a Lot by deed to an unrelated third party, this
Restated Declaration may be amended only by the affirmative assent or
vote of Owners having not less than fifty-one percent (51%) of the voting
power of the Association, and, further, this Amendment provision shall
not be amended to allow amendments by the assent or vote of Owners having
less than fifty-one percent (51 %) of such voting power.
Section 5: Mortgage Protection Clause. No breach of the covenants, conditions or restrictions contained in this Restated Declaration nor the enforcement of any lien provisions herein, shall defeat or render invalid the lien of any mortgage or deed of trust encumbering a Lot made in good faith and for value, but all of the covenants, conditions and restrictions contained in this Restated Declaration shall be binding upon and effective against any Owner whose title is derived through foreclosure, trustee's sale or otherwise. Any lien of the Association granted under the terms of this Restated Declaration will be subject to the lien of any mortgage, deed of trust or real estate contract encumbering a Lot, made in good faith and for value but only if said lien is created for or held by Season Associates, Ltd. All other private liens or mortgages held by lending institutions will subordinate their respective interests to the Association's assessments.
Section 6: Assignment of Power. Any or all of the rights
of powers of Declarant herein contained as to any part of Timberlake South
may be delegated, transferred, assigned, or conveyed to any person, corporation,
or association, and, wherever Declarant is herein referred to, such reference
shall be deemed to include Declarant's successors as Owners of unsold
land.
Section 7: Failure to Enforce Not a Waiver. Each and all of the covenants, conditions and restrictions contained in this Restated Declaration shall be deemed and construed to be continuing and the extinguishment of any right for any breach shall not impair or affect any of said covenants or restrictions so far as any future or other breach is concerned. The failure by the Declarant, the Association or any Owner in Timberlake South or any tracts within such real property as may be annexed thereto or their legal representatives, heirs, successors or assigns at any time or upon any occasion, to enforce any of said restrictions, covenants and conditions, in whole or in part, shall in no event be deemed a waiver of the right to do so thereafter, nor shall any waiver, change or exception granted to any Owner give rise to claim by any other Owner to be granted the same or similar waiver, change or exception.
ARTICLE VIII GENERAL PROVISIONS
Section I: Singular Includes Plural. Wherever the context of this Restated
Declaration requires same, the singular shall include the plural and the
masculine shall include the feminine.