Section 1: Residential Use

No owner shall occupy or use his townhome building plot, or the building thereon, or permit the same or any part thereof to be used or occupied for any purpose other than as a private single-family residence for the owner or his tenant and their family and guests. No townhome building plot shall be used or occupied for any business, commercial, trade or professional purposes either apart from or in connection with the use thereof as a residence. An owner may rent his unit to a single family provided that the unit is rented for a term greater than thirty (30) days, subject to all of the provisions of the Declaration.

Section 2. Obstruction of Common Area

There shall be no obstruction of the common area. Nothing shall be stored or placed in the common area or any part thereof without the prior written consent of the Board of Directors, except as may be otherwise permitted in this Declaration. The provisions of this Section shall not apply to any part of the common area which any owner has the right to use to the exclusion of all other owners.

Section 3: Insurance

Nothing shall be done or kept in the common area which will increase the rate of insurance on the common area or any part thereof, without the prior written consent of the Board of Directors. No owner shall permit anything to be done or kept in the common area, or any part thereof, which shall result in the cancellation of insurance or which would be in violation of any law. No waste shall be permitted in the common area.

Section 4. Temporary and Other Structures

No structure of a temporary character, trailer, mobile home, tent, shack, barn, or other structure or building other than the residence to be built thereon shall be used as a residence, either temporarily or permanently; no residence house shall be moved upon any townhome building plot from another location. During the construction and sales period of the dwelling homes on any townhome building plot, the declarant may erect and maintain such structures as are customary in connection with such construction and sale of such Property, including, but without limitation to, a business office, storage areas, construction yards, signs, model homes and sales office, and the declarant shall also have the right to use any residence as a temporary office in connection with his construction and sales operation during the construction and sales period.

Section 5: Garbage and Refuse Disposal

No townhome building plot shall be used or maintained as a dumping ground for garbage, trash, or rubbish. All trash, garbage or waste matter shall be kept in adequate containers at the designated area of the residence. There is reserved to the Association the determination of the method of garbage disposal, whether it shall be through public authority or through private garbage disposal service. All equipment for the storage or disposal of garbage and other waste matter shall be kept in clean and sanitary condition.

Section 6: Water, Sewage

No private water well or septic tank shall be permitted on any townhome building plot.

Section 7: Use of Common Area

Except in the individual patio areas appurtenant to a residence, no planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the Property except such as are installed in accordance with the initial construction of the residence located thereon or as approved by the Association, or its designated architectural committee or representative. Except for the right of ingress and egress and the rights and easements of enjoyment granted in this Declaration, the owners are hereby expressly prohibited and restricted from using any part of the common area except in accordance with the rules and regulations of and as may be allowed by the Association, it being expressly acknowledged and agreed by all owners that this paragraph is for the mutual benefit of all owners of the Property, and any additions or annexations thereto, and is necessary for the protection of the Owners. Maintenance, upkeep and repairs of any patio area appurtenant to a residence shall be the sole responsibility of each individual owner.

Section 8: Animal Regulations

No animals, livestock, reptiles, insects, poultry or other animals of any kind shall be kept in any residence except that usual and ordinary domestic dogs, cats, fish, and birds inside bird cages may be kept as household pets within any residence provided that they are not kept, bred or raised therein for commercial purposes or in unreasonable quantities or sizes. As used in the Declaration, “unreasonable quantities” shall ordinarily mean no more than two (2) pets per residence; provided, however, that the Board may determine that a reasonable number in any instance may be more or less. The Board shall have the right to limit the size of pets and may prohibit maintenance of any animal which constitutes, in the opinion of the Board of Directors, a nuisance to any other owner. Animals belonging to owners, occupants or their licensees, tenants or invitees within the Property must be either kept within an enclosure, an enclosed balcony or on a leash being held by a person capable of controlling the animal. Furthermore, any owner shall be absolutely liable to each and all remaining owners, their families, guests and invitees, for any unreasonable noise or damage to person or property caused by any animal brought or kept upon the project by and owner or by members of his family, his tenants or his guests. It shall be the absolute duty and responsibility of each such owner to clean up after such animals which have deposited droppings or otherwise used any portion of the common Property.

Section 9: View Obstructions

No vegetation or other obstruction shall be planted or maintained upon any patio or balcony in such location or of such height as to unreasonably obstruct the view from any other residence in the vicinity thereof. If there is a dispute between owners concerning the obstruction of a view from a residence, the dispute shall be submitted to the architectural committee, whose decision in such matters shall be binding. Any such obstruction shall, upon request of the architectural committee, be removed or otherwise altered to the satisfaction of the Board of Directors by the Owner of the residence upon which the obstruction is located. Any item or vegetation maintained upon any patio or balcony, which item or vegetation is exposed to the view of any owner, shall be removed or otherwise altered to the satisfaction of the architectural committee, if such committee determines that the maintenance of such item or vegetation in its then existing state is contrary to the purpose or provisions of this Declaration. The architectural committee shall ensure that the vegetation on the common Property maintained by the Association is cut frequently, so that the view of any owner is not unreasonably obstructed.

Section 10: Further Subdivision

Unless at least seventy-five percent (75%) of the first mortgagees (based on one (1) vote for each mortgage owned), or owners representing seventy-five percent (75%) of the voting power of the Association residing in owners other than grantor have been given their prior written approval, and all applicable laws and regulations have been complied with, no owner shall further subdivide his unit (physically or legally); provided, however, that this provision shall not be construed to limit the right of an owner to rent or lease all of his unit by means of a written lease or rental agreement subject to the restrictions.