OLD MAPLE FARM HOMEOWNERS ASSOCIATION, INC BY-LAWS ARTICLE I NAME AND ORGANIZATION

Transcription

1 OLD MAPLE FARM HOMEOWNERS ASSOCIATION, INC BY-LAWS ARTICLE I NAME AND ORGANIZATION Section 1: This Corporation shall be organized as a non-profit Corporation under the laws of the State of Michigan. Section 2: The name of the Corporation is Old Maple Farm Homeowners Association, Inc., herein called The Association. Section 3: These by-laws shall become effective upon their written approval by a majority of the homeowners in Old Maple Farm Subdivision 1, 2, 3, and 4, (collectively referred to hereafter as Subdivision ) present at a special meeting held for that purpose. ARTICLE II PURPOSES The Association may exercise any or all of the following powers in the discretion of the Board of Directors: Section 1: All of the powers of the Architectural Review Committee and/or the Old Maple Farm Homeowners Association as described and set forth in the Declaration of Covenants and Restrictions applicable to Old Maple Farm Subdivision No. 1 dated July 16, 1963 and recorded in Liber 4452, Pages 265 through 269 of the Oakland County Records. Old Maple Farm Subdivision No. 2 dated February 11, 1964, and recorded in Liber 4535, Pages 183 of the Oakland County Records, Old Maple Farm Subdivision No. 3 dated March 22, 1965 and recorded in Liber 4701, Pages 348 of the Oakland County Records, and Old Maple Farm Subdivision No. 4 dated August 12, 1965 and recorded in Liber 4763, Pages 41 through 45, of the Oakland County Records, all as amended.

2 Section 2: The Association is responsible for the following: a. Cutting and weeding the Association s property along Maple Road. b. Maintaining the islands leading into the subdivision. This includes, weeding, planting, watering and lighting of the islands. c. Work cooperatively with the Oakland County Road Commission to maintain and improve the roads in the subdivision. This may include calling the OCRC to report issues and/or paving patches of roads that need extensive and immediate repair. d. Approve or disapprove of plans for improvements to be made in the Subdivision and enforce building restrictions. e. Report code and ordinance violations to the Township of West Bloomfield code enforcement. f. Coordinating efforts to have snow removal on the subdivision streets in a timely manner. Section 3: Within the limits authorized, to represent its members before governmental, judicial and other groups and authorities, enter contractual agreements for the best interest of its members, promote and enforce zoning and deed restrictions on behalf of its members and carry on any activity in connection with the purposes expressed above and incident thereto not forbidden by the laws of the State of Michigan, and with any and all powers conferred upon non-profit corporations by the laws of the State of Michigan. ARTICLE III MEMBERSHIP Section 1. Definition of Membership: The owners of lots in Old Maple Farm Subdivision No. 1, Old Maple Farm Subdivision No. 2, Old Maple Farm Subdivision No. 3 and Old Maple Farm Subdivision No. 4, all as recorded in the real property records for Oakland County, Michigan, shall be members of the Association. Section 2. Land Contract Vendees: Where any of the lots have been sold on executory land contract, the land contract vendees thereof shall be considered to be the owners and members of the Association. Section 3. Voting Rights of Membership: Each lot in each Old Maple Farm Subdivision shall be a single membership and the owners thereof shall be entitled to one vote in the various meetings of the Association.

3 ARTICLE IV FINANCES Section 1. Maintenance Assessment: Each member shall pay to the Association the annual maintenance fee using the following timelines: January 1 February 15 Annual fee February 16 March 15 Annual fee plus a $25.00 late fee March 16 April 1 Annual fee plus a $50.00 late fee On or about April 2 The Treasurer shall file a lien on the property. A fee of $ will be required to remove the lien. As of 2013 the Association fee was $ annually. From time to time the Association may need additional funds to maintain a balanced budget and provide necessary services. A proposal for additional funds may be made at the annual meeting. A majority vote of those in attendance will be required to alter the dues assessment. The Association leadership will make every effort to refrain from raising dues. Nonetheless, increased costs or necessary services may require such action. The proceeds of the maintenance assessment shall be used for such of the purposes set forth in Article II as the Board of Directors shall determine necessary and advisable, including the expenses of operating the Association, such operating expenses including but not limited to postage, rental of meeting quarters, legal fees, accounting fees, filing and franchise fees and other expenses necessary or incidental to the operation of the Association. The annual maintenance assessment shall be a lien and encumbrance on the land with respect to which the charges are made. A certificate in writing issued by the Treasurer of the Association shall be given on demand to any member liable for such charges setting forth the status of the charges. The Association shall have the power and right in its own name to take and prosecute all suits, legal, equitable or otherwise which may, in the opinion of the Board of Directors, be necessary or advisable for the collection of such charges and to take such other steps as it deems expedient to impose this lien upon said land. If it becomes necessary for the Old Maple Farm Subdivision Homeowners Association to pursue legal action against a homeowner for the purpose of enforcing the Old Maple Farm Covenants & Restrictions, or the Association s By-Laws, the violating homeowner will be assessed the cost expended (including reasonable attorney fees). In accordance with this provision of the By-Laws and Paragraph 14 of the Amended and Restated Covenants & Restrictions of record for the subdivision, any unpaid assessments will result in the filing of a notice of lien against the relevant lot(s) with the

4 Oakland County Register of Deeds if such assessment are not paid by April 2 nd of the year for which dues are assessed.. Section 2. Failure to Pay Annual Maintenance Assessment: Any member who shall be in default in the payment of the annual maintenance assessment shall not be in good standing and shall not be entitled to vote at any meeting of the Association nor to hold office in the Association until all such delinquencies have been paid. ARTICLE V MEMBERS MEETINGS Section 1. Annual Meeting: discretion of the president. A meeting of the Association shall be held annually at the Section 2. Order of Business at Annual Meeting: The order of business at the annual meeting of the members shall be as follows: (a) Introductions of members present (b) Report of Treasurer. (c) Reports of any committee. (d) Issues from the public (e) Election of officers. (f) Adjournment. The President may vary the order of business at his/her discretion. Section 3. Special Members Meetings: A special meeting of the members may be called at any time by the President or by a majority of the Board of Directors or upon written request of Twenty-five percent (25%) of the members when submitted in writing to the Secretary. Section 4. Notice of Meetings of Members: At least fifteen (15) days prior to the date of any meeting, a notification shall be provided to the members. Notification methods may include signage at the entrances and/or any electronic methods, i.e. etc. In rare occasions, a special meeting of the Association members may be called. The notice of a special meeting

5 shall consist of the above methods. In addition, an agenda with the purpose of the meeting shall be delivered to each member via handbill or U.S. mail. Section 5. Quorum: Four (4) members of the Association (whether present in person or by proxy) eligible to vote shall constitute a quorum for the transaction of business at any meeting of members. Section 6. Rules of Order: The Association respects the rights of all residents to express their opinions. The President or presiding officer of any meeting shall afford everyone the right to speak and be heard. Section 7. Compensation: No Director or officer shall receive any salary or compensation for his/her services to the Association unless otherwise specially ordered by the Board of Directors or by applicable law, except that payment of the annual maintenance fee shall be waived for the President of the Association during his or her term in office. ARTICLE VI BOARD OF DIRECTORS AND OFFICERS Section 1. Board of Directors: The Association shall be governed by a Board of Directors, which shall consist of no less than five (5) members, nor more than seven (7) members, four (4) of whom shall be elected officers of the Association listed in this section. Section 2. Term of Office and Nominating Procedures: An election of the officers shall be held at the annual meeting. Residents in good standing shall be eligible to run for the one year office of president, vice-president, treasurer and secretary. In addition, residents are urged to become Board members. No more than three (3) nor less than one (1) Board member is required. Officers and directors shall be eligible to run for five (5) successive terms in the same office. Elected officials shall assume their duties immediately upon election at the annual meeting.

6 Section 3. President: The President shall be the chief executive officer of the Association. The President shall preside over all meetings of the Board and of the members. The President shall have general and active supervision of the business of the Association subject, however, to the right of the Board of Directors to delegate any specific power except such as may be by statute exclusively conferred upon the President, to any other officer or Director of the Association. The President shall be an ex officio member of all committees Section 4. Vice President: In case the office of President shall become vacant by death, resignation or otherwise, or in case of the absence of the President or the President s disability to discharge the duties of office, such duties shall devolve upon the Vice President who shall do and perform such other acts as the Board of Directors may, from time to time, authorize the Vice President to do. Section 5. Secretary: The Secretary shall attend all meetings of the members and of the Board of Directors and shall preserve in books of the Corporation try minutes of the proceedings of all such meetings. The Secretary shall give all notices required by statute, by-law or resolution. The Secretary shall perform such other duties as may be delegated to the Secretary by the Board of Directors. Section 6. Treasurer: The treasurer is responsible for the following: a. Paying all bills as necessary. b. Sending out invoices for annual dues. c. Filing any necessary liens on property. d. Providing status letters to mortgage companies and realtors. e. Providing and an annual accounting of the Association s bank records at the annual meeting. ARTICLE IX AMENDMENTS These By-Laws may be amended, altered, changed, added to or repealed by the affirmative vote of the majority of the members present (whether in person or by proxy) and entitled to vote at any regular or special meeting of the members, provided that notice of the proposed amendment, alteration, change, addition or repeal is contained in the notice of the meeting. No amendments may be made to these By-Laws which would contradict, restrict, or otherwise conflict with any of the restrictions recorded for the Subdivision included within the jurisdiction of this Association.

7 OLD MAPLE FARM HOMEOWNERS ASSOCIATION, INC. June 17, 2015 Dated /S/ Suzzane Bakkal - President Dated June 17, 2015 Dated /S/ Marv Rubin Treasurer Dated

8 COVER SHEET FOR AMENDED AND RESTATED DEED RESTRICTIONS AND COVENANTS OLD MAPLE FARM SUBDIVISION AND OLD MAPLE FARM SUBDIVISIONS 2, 3 AND 4 OLD MAPLE FARM SUBDIVISION Lots ent The following Amendment and Restatement to Covenants and Restrictions of Old Maple Farm Subdivision ( Subdivision ) have been adopted as of the 6 th day of November, 1996 by a majority of the lot owners in the Subdivision to amend and restate the Covenants and Restrictions of record for the Subdivision, recorded in Oakland County Records, Liber 4452, Pages 265 through Pages 269 on July 16, Copies of the signatures evidencing the required approvals are attached to this document as Exhibit A. OLD MAPLE FARM SUBDIVISION NO. 2 Lots ent The following Amendment and Restatement to Covenants and Restrictions of Old Maple Farm Subdivision NO. 2 ( Subdivision ) have been adopted as of the 6 th day of November, 1996 by a majority of the lot owners in the Subdivision to amend and restate the Covenants and Restrictions of record for the Subdivision, recorded in Oakland County Records, Liber 4535, Page 183 on February 11, Copies of the signatures evidencing the required approvals are attached to this document as Exhibit B. OLD MAPLE FARM SUBDIVISION NO. 3 Lots ent The following Amendment and Restatement to Covenants and Restrictions of Old Maple Farm Subdivision NO. 3 ( Subdivision ) have been adopted as of the 6 th day of November, 1996 by a majority of the lot owners in the Subdivision to amend and restate the Covenants and Restrictions of record for the Subdivision, recorded in Oakland County Records, Liber 4701,

9 Page 348 on March 22, Copies of the signatures evidencing the required approvals are attached to this document as Exhibit C. OLD MAPLE FARM SUBDIVISION NO. 4 Lots ent The following Amendment and Restatement to Covenants and Restrictions of Old Maple Farm Subdivision NO. 4 ( Subdivision ) have been adopted as of the 6 th day of November, 1996 by a majority of the lot owners in the Subdivision to amend and restate the Covenants and Restrictions of record for the Subdivision, recorded in Oakland County Records, Liber 4763, Pages 41 through Pages 45 on August 12, Copies of the signatures evidencing the required approvals are attached to this document as Exhibit D.

10 AMENDED AND RESTATED DEED RESTRICTIONS AND COVENANTS OLD MAPLE FARM SUBDIVISIONS 1. OLD MAPLE FARM HOMEOWNERS ASSOCIATION: All rights reserved to the Architectural Control Committee under the original Covenants and Restrictions recorded at Liber 4452, Pages 265 through 269, Oakland County Records, are hereby transferred to the Old Maple Farm Homeowners Association ( Association ), which shall exercise the powers, duties, obligations and responsibilities granted to it hereunder. The Association shall serve Old Maple Farm Subdivision, Old Maple Farm Subdivision No. 2, Old Maple Farm Subdivision No. 3 and Old Maple Farm Subdivision No. 4, 2. USE OF PROPERTY: Each lot shall be used for residential purposes only and no building of any kind whatsoever shall be erected, re-erected, moved or maintained thereon except a private dwelling house and appurtenant buildings thereon, which shall be designed and erected for occupation by a single private family, including and attached two or two and a half car garage for the sole use of the respective owner or occupant of the lot upon which such garage is erected. 3. CHARACTER AND SIZE OF BUILDING: (a) Interior renovations are at the discretion of the homeowner. New exterior building or renovations must be approved by the Aesthetics Committee of the Association. The committee shall be provided written specifications showing the nature, kind, shape, height, materials, color scheme and location on the lot of any renovations or construction. In all cases, the purpose of the Aesthetics Committee is to determine if the new structure or renovation will be harmonious with the neighborhood. The Aesthetics Committee will provide a written response to any request within 3 weeks. The written response will either approve of the project or provide reasons that the project was denied. In some cases, the Committee may provide recommendations which will lead to the acceptance of the project. The approval of the Aesthetics Committee shall not be required for routine exterior maintenance such as painting of an existing structure, roof replacement and/or window replacement, etc. However, the Aesthetics Committee will have the right to require repainting in the event the colors selected for painting the exterior of the house not harmonious with the neighborhood.

11 (b) Exterior surfaces of all dwellings in the Subdivision shall be brick or brick veneer. Poured concrete brick, cinder brick or cinder block shall not be used as an exterior surface of any dwelling. Wood, stone, glass ledge rock, aluminum or vinyl siding may be utilized, provided that they do not cover more than 50% of the exterior surface (excluding the roof. Plans for this type of construction must be submitted and approved by the Aesthetics Committee prior to construction of renovation. (c) In no case shall any dwelling be permitted on any lot in the Subdivision with a living area of less than 1,800 square feet. The cubical content of any dwelling, exclusive of garage, when constructed, shall be not less than 14,400 cubic feet. All garages must be attached to the dwelling directly and shall be constructed to accommodate not less that nor any more than two cars or similar non-commercial vehicles. The area of garages and open porches shall not be included in computing the square footage or cubical content of the living area of dwellings under this subparagraph. (d) Fences: 1. Fences separating properties are not permitted. 2. Shrubbery separating properties is permitted. 3. Electronic fences for dogs are permitted. 4. Fences for pools, as required by law, are permitted. 5. Wood privacy fences around a patio are permitted provided they are no higher than six (6) feet. Materials used should be consistent with those in the neighborhood. These fences require approval from the Aesthetics Committee before construction. 6. Fences built before June 1, 1996 are grandfathered. 7. Any fencing shall require the approval of the Aesthetics Committee. In all cases, the Aesthetics Committee will seek to maintain the harmonious appearance of the subdivision. (e) Storage Sheds are permitted and may only be erected upon written approval of written construction plans and specifications (or, in the case of prefabricated buildings, upon submission of a brochure containing similar information and photo of the building as it will appear assembled) and of a plan showing the location of the proposed structure on the building site, by the Aesthetics Committee. The Committee will consider the quality of workmanship and materials, harmony of the external design with existing structures, location and the impact on sight lines of neighboring property owners in making its decision. If approved, the storage shed must not be erected or constructed nearer than three (3) feet from lot line. This restriction

12 shall not apply to storage structures fully constructed before June 1, 1996, which shall continue to be governed by the deed restrictions in effect at the time of their construction. (f) No overhead cover, tent or other structure or device or temporary structure used for the storage of machinery, materials, equipment or tools shall be erected or permitted on any lot in the Subdivision. (g) No satellite dish, antenna (other than a standard size television antenna mounted on the roof of the home or a satellite dish no larger than eighteen (18 ) inches in diameter) or similar device shall be erected or permitted to remain on any lot in the Subdivision unless plans and specifications for its installation shall have been submitted to the Aesthetics Committee of the Association and approved the Committee in writing. This restriction shall not apply to the installation of such dish antenna or similar device which had been completed prior to June 1, 1996, which shall continue to be governed by the deed restrictions in effect at the time of installation. (h) No dog run shall be constructed in the Subdivision unless plans and specifications for its installation shall have been submitted to and approved by the Aesthetics Committee of the Association in writing. Dog run must be connected to the house, maximum size of eight (8) feet by ten (10) feet. Chain link fencing is permitted. This restriction shall not apply to dog runs erected or installed prior to June 1, 1996, which shall continue to be governed by the deed restrictions in effect at the time of their erection of installation. (i) No above-ground pools, other than portable (i.e. capable of being moved by hand when fully assembled) pools intended for seasonal use, shall be permitted. (j) The Aesthetics Committee of the Association shall have the right to refuse to approve any such plans or specifications or grading plan which are not suitable or desirable in its opinion for aesthetic or other reasons; and in so passing upon such plans, specifications and grading, it shall have the right to take into consideration the suitability of the proposed building or other structure to be built to the site upon which it is proposed to erect it, and the harmony of the structure as planned in view of the outlook from the adjacent or neighboring properties. It is understood and agreed that the purpose of this paragraph is to cause the Subdivision to remain a beautiful harmonious private residence area. If a disagreement on the points set forth in this paragraph should arise, the decision or the Aesthetics Committee shall control.

13 (k) If the Aesthetics Committee of the Association fails to approve or disapprove plans, applications and/or locations within 30 days after they have been delivered to the Committee by the applicant, then Committee approval will not be required, provided the plans and location on the lot conform to, or are in harmony with existing structures in the Subdivision, these restrictions, and any applicable laws, regulation and ordinances. 4. BUILDING LINES: (a) No dwelling shall be erected or placed on any lot having a width of less than 80 feet at the front building setback line, nor shall any dwelling be erected or placed on any site having an area less than 8,400 square feet. (b) No building on any lot in the Subdivision shall be erected nearer than 25 feet to the front lot line or side line of the corner; nearer than 10 feet to the side lot line or 20 feet to the rear lot line. On any lot having a curved front lot line, the dwelling shall be located not less than 25 feet from the midpoint of the front lot line. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building. Dwellings on corner lots that adjoin lots at the rear which face a side street, shall maintain a front yard of not less than 25 feet, and the side yard abutting the street shall not be less than 25 feet. Garage location on corner lots shall conform to dwelling setback line. Variances from these setback requirements may be granted by written consent of the Aesthetics Committee of the Association, which consent the Committee is empowered to give. 5. GRADING: Each lot shall be graded so that surface water will flow off the lot without crossing any other lot, except on established easements. However, in blocks draining from higher lots on one street across lots behind them to the next street, drainage from the high lots may be directed to and along the side lot lines of the lower lots. The regrading or addition of soil to any lot which would impede the flow of surface water along established easements, or from higher lots as provided above, is prohibited. 6. SUGHT LINES AT INTERSECTIONS: To insure the safety of residents and visitors, shrubbery must be maintained so as to provide clear line of vision. The Association may require a homeowner to trim the shrubbery so that sight lines are clear. If a resident fails to comply, the Association shall seek remedy through the West Bloomfield Township or the Oakland Road Commission.

14 7. RESTRICTIONS ON LEASING: No Homeowner or tenant shall lease and/or sublet less than the whole of any dwelling. 8. ANIMALS: No chickens, other fowl or live stock shall be kept or harbored on any lot in the Subdivision. No animals shall be kept or maintained on any lot except household pets for use by the owner and members of his/her family. No animals shall be kept on the premises for any commercial purpose. It is the owner s responsibility to care for their pets so as not to be objectionable or offensive on account of noise, odor or unsanitary conditions. If this should occur, the Association will urge the complaining homeowners to formally file a complaint with the West Bloomfield Township Ordinance Department. At no time shall any horses be kept on the land. At no time shall any horses be kept on the land. 9. SIGNS: No sign or billboard shall be placed or maintained on any lot except one sign advertising the lot or house and lot for sale or lease, and having not more than three (3) square feet of surface and the top of which shall be three (3) feet or less above the ground; provided, however, that signs of similar size in support of political candidates or proposals may be posted twenty-one (21) days prior to any election, provided that they are removed within two (2) weeks after the election. 10. EASEMENTS: Easements and rights of way are hereby reserved as shown on the recorded plat, and no structure of any kind (other than an ornamental fence) shall be erected or placed on the easements reserved. 11. REFUSE AND PARKING AND STORAGE: (a) No refuse pile or other unsightly or objectionable materials shall be allowed on any lot in the Subdivision unless the same shall be property concealed. Refuse, ashes, building materials, garbage and debris of any kind shall be cared for in such a manner as not to be offensive to neighboring property owners. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be become an annoyance or nuisance to the neighborhood. (b) The storage of any type of recreational vehicle, recreational home,, camper, trailer, boat, snowmobile, or the like, or any inoperable automobile, truck, van,

15 or any other inoperable vehicle on any street, driveway or lot (including back lot) shall be prohibited. Such vehicles or other prohibited objects described in this paragraph may be stored in homes or garages (as permitted by law), however, if stored in garages, the garage door shall be kept closed other than during times of entrance to and exit from the garage. (c) The parking of commercial vehicles larger than one (1) ton capacity, (or of any size if the vehicle is lettered or contains signage), except while making normal deliveries, shall not be permitted on any street, driveway or lot in the Subdivision. Commercial vehicles shall be parked in the particular homeowner s garage, and the garage door shall be kept closed other than during times of entrance to and exit from the garage. 12. DESTRUCTION OF BUILDING BY FIRE, ETC.: Any dwelling or building on any lot within the Subdivision which may be in whole or in part destroyed by fire, windstorm, flood or otherwise must by rebuild with all reasonable speed. Pending such rebuilding, all debris shall be promptly removed from the lot, and the property made reasonably safe. 13. DUTY TO MAINTAIN PREMISES: Each homeowner shall be obligated to keep the exterior of any building erected on the lot in reasonably good repair, including maintenance of shutters, roofs, gutters and downspouts, painting, etc. Additionally, all lawns must be maintained at a length not exceed six (6) inches. Dead trees, shrubs and branches and excessive weeds must be promptly removed. The walkway to the home must remain clear of obstructing vegetation at all times. It is understood and agreed that the purpose of this paragraph is to insure that the Subdivision remains a beautiful, aesthetically harmonious private residential neighborhood. 14. MAINTENANCE ASSESSMENT: (a) All the land included in the Subdivision, except streets and parks maintained for the general use of the owners of the Subdivision, and except land taken or sold for public improvements or uses, shall be subject to an annual Maintenance Assessment at such a rate as may be determined by the Old Maple Farm Homeowners Association ( Association ), to be paid by the respective owners of each lot included in the Subdivision annually, in advance, on the fifteenth (15 th ) day of February in each year.

16 (b) The annual Maintenance Assessment may be adjusted from year to year, by the Association as the needs of the property may in their judgment require. (c) Proceeds of the Maintenance Assessment shall be used for such of the following purposes the Association shall determine necessary and advisable, for improving and maintaining roadways of the Subdivision; for planting trees and shrubbery and the care thereof; for collecting and disposing of garbage, ashes and rubbish, for employing night watchman; for caring for vacant property for removing grass or weeds; for constructing, purchasing, maintaining or operating any community service, or for doing any other things necessary of advisable in the opinion of the Association for keeping the property neat or in good order; for those purposes incidental to the health or general welfare of the property owners; for expenses incident to the examination of plans as herein provide and to the enforcements of these building restrictions, conditions, obligations, reservations, rights, powers and charges. (d) It is expressly agreed that the Maintenance Assessment referred to herein, including any late fees and any expenses shall be a lien and encumbrance on the land with respect to which the assessment or charges are made, and it is expressly agreed that by the acceptance of title to any lot in the Subdivision, the owner (not including the mortgagee as long as he is not the owner) from the time of acquiring title, thereto shall be held to have covenanted and agreed to pay to the Association all charges provided for herein which were then due and unpaid to the time of his acquiring the title, and all such charges thereafter falling due during the ownership thereof. A certificate in writing signed by the Association shall be given on demand to any owner liable for these charges, which shall set forth the status of such charges. This certificate shall be binding on the parties hereto. (e) By his/her acceptance of title, each owner shall be held to vest in the Association the right and power in its own name to take and prosecute all suits, legal, equitable or otherwise, which may in the opinion of the Association be necessary or advisable for the collection of such charges or enforcement of any of these Restrictions and covenants. 15. VIOLATIONS: Violations of any restriction or condition or breach of any covenant or agreement contained in these Restrictions shall give the Association, in addition to all other remedies provides by law, the right to sue the owner of the land on which a violation or breach exists, to abate and remove, at the expense of the owner, any

17 structure or other erection, sign, thing or condition that exists contrary to the provisions if these Restrictions. Any costs incurred by the Association in carrying out its rights under this Paragraph, including reasonable attorney fees, costs and legal expenses and expert fees, shall be a lien and encumbrance on the lot(s) in respect to which such costs are incurred. It is expressly agreed that by the acceptance of title of any of lot(s) in the Subdivision, the owner (not including thereby the mortgagee as long as he/she is not the owner) from the time of acquiring title thereto shall be held to have covenanted and agreed to pay to the Association all charges and assessments provided in these Restrictions which were due and unpaid to the time of his/her acquiring the title, and all such charges thereafter falling due during the ownership thereof. A certificate in writing signed by the Association shall be given on demand to any owner liable for these charges, which shall set forth the status of such charges. This certificate shall be binding on the both the Association and the person requesting it. 16 ELASTIC CLAUSE: The Association may create, alter, or abolish any part of the Deed Restrictions. The elected leadership and board deem necessary and proper to maintain the character and beauty of Old Maple Farm integrity. 17 SEVERABILITY: Each covenant and restriction herein is intended to be severable and in the event that any one covenant or restriction is for any reason held void, it shall not affect the validity of the remaining covenants and restrictions.