Amended and Restated Declaration of Covenants, Conditions and Restrictions of Country Club Crossing

Transcription

1 1 Amended and Restated Declaration of Covenants, Conditions and Restrictions of Country Club Crossing We, the undersigned property owners ( Appearers ), each of the lawful age of majority and domiciled in the Parish of East Baton Rouge, State of Louisiana, in the presence of the undersigned competent witnesses set opposite our respective names, declare that we are the owners of at least two-thirds (2/3rds) of the lots of the first, second and third filings of that subdivision known as Country Club Crossing Subdivision ( Subdivision ), as shown on the respective maps thereof, on file and of record in the office of the Clerk and Recorder in and for the Parish of East Baton Rouge, State of Louisiana. Appearers further declare that by act recorded on the 22 nd day of December, 1989, in Original 201 Bundle 10124, in the Parish of East Baton Rouge, State of Louisiana, Country Club Crossing Partnership and Katherine Evelyn Kimberlin Davenport established the Act of Restrictions affecting Lots 1 through 49, of Country Club Crossing Subdivision (the Property ), which said restrictions are in favor of each and all of the said Lots 1 through 49 (the Lots ), both inclusive (the Original Restrictions ). Appearers further declare that at least two-thirds (2/3rds) of the lot owners of Country Club Crossing desire to amend and restate the Original Restrictions in order to protect the owners of the Property, their homesites, to preserve the natural beauty of the Property, to guard against the depreciation of the Property and the Lots, to insure the highest and best use of the Property and the existing Lots, and generally to protect the investments made in the subdivision for all Lot owners. THEREFORE, Appearers on behalf of the Lot owners of the Property, hereby amend the Original Restrictions and do further establish the following protective covenants and restrictions which shall affect all of the Lots in the Subdivision, as well as the common areas of the Property, and shall be binding upon the current owners, all future purchasers, all occupants of the Lots, and their heirs, successors and assigns, said restrictions herein imposed to be as follows: Article 1 General 1.1. Purpose. The residential community developed on the Property shall have a uniform plan of development pursuant to the covenants, restrictions, servitudes, conditions, reservations, liens and charges stated in this Declaration ( Declaration ). The plan is established to enhance the property values and amenities of Country Club Crossing, insure the best use and most appropriate development and improvement of each Lot, protect the Owners of Lots against use of surrounding Lots that depreciate the value of their property, preserve, so far as practicable, the natural beauty of the Property, prevent construction of poorly-designed or proportioned structures on the Property, obtain harmonious color schemes, prevent haphazard and inharmonious improvements of Lots, secure and maintain setbacks from streets, provide for adequate rights of way and fencing on the Property, and to generally provide for quality improvements on the

2 2 Property, thereby enhancing and preserving the value of investments made by purchasers of Lots therein Declaration Running with Land. The covenants, conditions and restrictions of this Declaration shall run with and shall inure to the benefit of and shall be binding upon (a) the Property; (b) the Association; and (c) all persons having or hereafter acquiring any right, title or interest in a Lot or Lots and their respective heirs and personal representatives. These covenants, conditions and restrictions shall be building restrictions in accordance with Louisiana Civil Code Article 775 et seq Development of Property. The Property shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to these covenants, conditions and restrictions set forth in this Declaration. Article 2 Definitions 2.1. Articles of Incorporation. Articles of Incorporation shall mean the Articles of Incorporation of the Association, as amended from time to time Assessment. Assessment shall mean an assessment for costs incurred by the Association as set forth in this Declaration Assessment Year. Assessment Year shall mean the calendar year or such other twelve (12) consecutive calendar month period selected by the Board for the levying, determining and assessing of the annual Assessments under this Declaration Association. Association shall mean Country Club Crossing Property Owners Association, Inc., a non-profit Corporation, its successors and assigns Board of Directors or Board. Board of Directors or Board shall interchangeably mean the Board of Directors of the Association Budget. Budget shall mean a written, reasonably itemized estimate of the expenses to be incurred by the Association in performing its functions under this Declaration prepared pursuant to Article 4 and the By-Laws By-Laws. By-Laws shall mean the By-Laws of the Association adopted by the Board, as amended from time to time Common Area. Common Area or Common Areas shall mean any portion of the Property designated as Common Area which is for the primary use and benefit of all the Owners of Lots, and is designated as Common Area on the Final Plat Declaration. Declaration shall mean this Declaration, as amended from time to time Dwelling Unit. Dwelling Unit shall mean a residential building or home designed for human occupancy, not including any accessory building or garage Final Plat. Final Plat shall mean the document styled Final Plat of Country Club

3 3 Crossing Subdivision, made by Evans-Graves Engineers, Inc., Engineering Consultants, and dated December 12, 1989, recorded with the Clerk and Registrar of Conveyances of East Baton Rouge Parish, Louisiana at Original 822, Bundle 10122, as revised at Original 532, Bundle 10123, and as further revised February 1, 1990 and recorded as Original 554 Bundle Country Club Crossing or Property. Country Club Crossing or the Property means the property described on Plats referenced in section 2.11 above Improvements. Improvements shall mean all residences, buildings or other structures and any appurtenances thereto of every type or kind as are visible outside the Lot from any direction. Improvements shall include without limitation, walls, pools, patio covers, awnings, decorations, exterior surfaces, additions walkways, garden sprinkler systems, garages, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, antennae, satellite dishes, hedges, exterior tanks, sky lights, solar panels and equipment. Improvements shall not include non-permanent seasonal decorations Lot. Lot shall mean any lot or parcel of land within the Property which may be sold or conveyed without violation of the provisions of Louisiana law pertaining to the subdivision of land and has been designated as a Lot on the Final Plat Manager. Manager shall mean any person or persons designated as Manager and employed by the Association to perform any of the duties, powers or functions of the Association Mortgage. Mortgage shall mean any unreleased mortgage or other similar instrument of record given voluntarily by an Owner, encumbering the Owner s Lot to secure the performance of any obligation or the payment of a debt and which is required to be released upon performance of the obligation or payment of the debt. Mortgage shall not include a judgment lien, mechanic s lien, tax lien or other similar involuntary lien or involuntary encumbrance upon a Lot Mortgagee. Mortgagee shall mean the Person who is the obligee under a Mortgage and the successor and assigns of such Person as holder of the Mortgage interest Notice and Hearing. Notice and Hearing shall mean a written notice and a public hearing before the Board or a tribunal appointed by the Board, in the manner provided in the By-Laws Owner. Owner shall collectively mean Person or all Persons who hold full or partial title of Record to a Lot, including sellers under executory contracts of sale Person. Person shall mean a natural person, a corporation, a partnership or any other entity Record, Recorded or Recordation. Record or Recorded or Recordation shall interchangeably mean the filing for record of any document in the mortgage and/or conveyance records of East Baton Rouge Parish, Louisiana.

4 Review Board. Review Board shall mean Country Club Crossing Architectural Review Board as appointed by the Board from time to time pursuant to this Declaration Rules and Regulations. Rules and Regulations shall mean the rules and regulations adopted by the Board from time to time pursuant to this Declaration. Article 3 Association Operations 3.1. Association. The Association is a Louisiana Corporation formed under the Louisiana Nonprofit Corporation Act. The Association shall have the duties, powers and rights set forth in this Declaration, the Articles of Incorporation and the By-Laws Board of Directors. The affairs of the Association shall be managed by the Board. The numbers, term, election and qualifications of the Board shall be fixed in the Articles of Incorporation and/or the By-Laws. The Board may, by resolution, delegate portions of its authority to an executive committee or to other committees, to tribunals, to Managers, to officers of the Association or to agents and employees of the Association, but such delegation of authority shall not relieve the Board of its responsibility for management of the affairs of the Association. Action by or on behalf of the Association may be taken by the Board or any duly authorized executive committee, officer, Manager, agent or employee without a vote of Owners, except as otherwise specifically provided in this Declaration Membership in Association. The Owner of a Lot shall collectively and automatically constitute a single member of the Association by virtue of and to the extent of the Owner s ownership of the Lot, there being one membership in the Association for each Lot. The membership shall automatically pass with the ownership of the Lot. Persons may hold separate memberships in the Association by virtue of their ownership of separate Lots. Membership in the Association shall not be assignable and shall not pass separate and apart from ownership of a Lot Voting Rights of Members. The rights and privileges of membership, including the right to vote and to hold an office in the Association, may be exercised by any Owner, but in no event shall more than one vote be cast for each Lot. When more than one person holds an interest in any Lot, the vote for such Lot shall be exercised by those Owners of such Lot as one vote. In the event that such multiple owners of one Lot cannot agree on the vote, the vote appurtenant to such Lot shall be suspended. The voting weight appurtenant to each Lot shall be equal and each Lot shall have one vote Establishment of Architectural Review Board. The Board of Directors shall from time to time appoint an Architectural Review Board ( Review Board ) which shall be responsible for review, approval or disapproval of plans, specifications and other matters as set forth in these restrictions. The Review Board shall consist of up to 3 members, whose terms shall be for one year unless removed by the Board prior to the expiration of the term and shall serve without pay or any other compensation. Should the Board of Directors fail to appoint new members of the Review Board, the term of the members of the Review Board shall extend until new members are appointed by the Board of Directors. The Review Board shall report to the Board of Directors of the Association.

5 5 Article 4 Duties and Power of Association 4.1. General Duties and Powers of Association. The Association has been formed to further the common interests of the Owners. The Association, acting through the Board or through Persons to whom the Board has delegated such powers, shall have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Owners, to maintain, improve and enhance the Common Areas Acceptance of Property and Facilities Transferred to the Association. Since the inception of the subdivision, the informal unincorporated property owners group has maintained certain areas of the subdivisions that are referred to as common areas. The Association shall continue to maintain these areas utilizing subdivision assessments to pay expenses associated therewith Management and Care of Common Areas. The Association shall manage, operate, care for, maintain and repair the Common Areas and keep the same in an attractive and desirable condition for the use and enjoyment of the Owners. The Association shall have title to the Common Areas and no Owner or any other Person shall have the right to claim, own or partition any Common Area Budgets and Assessments. The Association shall adopt Budgets and levy and collect Assessments as required by the By-Laws or otherwise in these Declarations Duty to Provide Financial Reports. The Association shall provide for annual reports of the Budget, the Assessments and the accounts of the Association. Copies of the report shall be made available to any Owner who requests a copy of the same upon payment of such Owner of the reasonable cost of copying same Architectural Approvals. The Association shall assist the Review Board in connection with architectural approvals as provided in this Declaration Rules and Regulations. The Association shall from time to time adopt, amend, repeal and enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration or any amended Act, the operation of the Association, the use and enjoyment of the Common Areas and the use of Lots. Any Rules and Regulations shall be reasonably and uniformly applied. Rules and Regulations shall be effective only upon adoption by resolution of the Board. In the event of any conflict between the Rules and Regulations and this Declaration, this Declaration shall prevail. The Association shall have the power to enforce the provisions of this Declaration and the Rules and Regulations, and shall take such action as the Board deems necessary or desirable to cause such compliance by each Owner Access Restrictions. The Association shall have the power to restrict access, ingress and egress of Owners and invitees to, from and between Lots and public rights of way, subject to the Rules and Regulations and provided the restrictions are applied uniformly with respect to each Lot Servitudes. The Association shall have the power to grant permits and licenses and

6 6 access, utility, drainage, water facility and other servitudes in, on, over, across or under Common Areas as may be reasonably necessary or useful for the proper maintenance of the Common Areas. The Association shall also have the power to enter into agreements for the construction and maintenance of drainage facilities over adjoining property to further the development of the Property. The Association is obligated to pay fees to maintain such drainage facilities Restrictions on Builders. The Association shall have the power to determine that any builder or construction tradesman is unsuitable for construction work on the Property and to prohibit builder or construction tradesman from working on any project on the Property, or on any Lot General Corporate Powers. The Association shall have all of the ordinary powers and rights of a Louisiana corporation formed under the Louisiana Nonprofit Corporation Act, including, without limitation, the power and right to enter into partnerships and other agreements, to hire employees, agents, consultants, subject only to such limitations upon such powers as may be set forth in this Declaration, the Articles of Incorporation or the By- Laws. The Association shall also have the power to do any and all lawful things which may be authorized, required or permitted to be done under this Declaration, the Articles of Incorporation, the By-Laws or Rules and Regulations and to do and perform any and all acts which may be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the Association under this Declaration, the Articles of Incorporation, the By-Laws or the Rules and Regulations. Article 5 Assessments and Fines 5.1. Determination of Assessments. The Board has the specific right, upon a majority vote of its members present at a duly called meeting of the Association, to levy and collect (by legal proceedings if necessary) from each Owner an Annual and when circumstances require, a Special Assessment in an amount it determines is necessary in order to maintain the Common Areas and provide all other services generally undertaken or furnished by the Association. Assessments shall be in equal amounts per Lot and shall be made in writing directed to the Owner of the Lot. Regarding Annual and Special Assessments, the Board shall have the discretion to assess by occupied or improved Lot. In addition to using the revenue for the purpose specified herein, the Board may use the revenue for such purposes as will, in the opinion of the majority of the Board, benefit all of the Owners. Assessments may subsequently be increased in accordance with the By- Laws Fines. Upon the violation of this Declaration, the By-Laws or any rules and regulations duly adopted hereunder or the failure to timely pay any Assessment, the Board shall have the power (i) to impose reasonable monetary Fines which shall constitute a real obligation and lien upon the Lot or Dwelling, the Owners or Occupants of which are guilty of such violation; (ii) to suspend an Owner s vote in the Association; or (iii) to suspend an Owner s right (and the right of such Owner s family, guests and tenants and of the co-owners of such Owner and their respective families, guests and tenants) to use of any Common Areas, and the Board shall have the power to impose all or any combination of these sanctions. An Owner shall be subject to the foregoing sanctions in

7 7 the event of such a violation by such Owner, his family, guests or tenants or by his coowners or the family, guests or tenants of his co-owners. Any such suspension of rights may be for the duration of the infraction and for any additional period thereafter, not to exceed thirty (30) days Interest on Unpaid Fines and Assessments. All Fines and Assessments that have been levied shall bear interest at the rate of twelve percent (12%) per annum from date due until paid and shall be subject to late charges as assessed by the Association from time to time Lien to Enforce Fines and Assessments. In the event an Owner fails to pay a Fine or Assessment on the date due, the Board may elect to file a claim of lien against the Lot of an Owner by recording a notice setting forth: (a) the amount of the claim; (b) the late charges, interest and costs of collection (including reasonable attorney s fees, but not less than $250) which have accrued thereon; (c) the legal description and municipal address of the Lot against which the lien is claimed; and (d) the name of the Owner of the Lot as shown upon the records of the Association. The notice of lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall have priority in ranking to any declaration of homestead rights and any other lien, encumbrance or Mortgage encumbering the Lot; provided, however, that a previously recorded Mortgage encumbering the Lot shall be and remain superior in all respects to the claim created by the notice of lien. The lien shall secure all amounts set forth in the notice of lien, as well as all subsequently accruing amounts (including reasonable attorney s fees). The lien shall continue until the amounts secured by it and all subsequently accruing amounts (including reasonable attorney s fees) are fully paid or otherwise satisfied. When all amounts claimed under the notice of lien and all other costs (including reasonable attorney s fees) and Assessments which have accrued subsequent to the filing of the notice of lien have been fully paid or satisfied, the Association shall execute and record a notice releasing the lien. Unless paid or otherwise satisfied, the lien may be enforced by legal process including ordinary or executory proceedings. The lien shall not be affected by any sale or transfer of the Lot, except that any such sale or transfer pursuant to a foreclosure of a previously recorded Mortgage shall extinguish the lien, but it shall not relieve the purchaser or the transferee of the Lot from liability for, or the Lot from the lien. Any Assessments, Fines, late charges, interest and costs of collection (including reasonable attorney s fees) which are extinguished by the foregoing provision may be reallocated by the Association and assessed to all Lots as a common expense. Article 6 Review Board Requirements 6.1 Prior Plan Approval. All plans for the construction or physical alteration of any Improvements to or on a Lot shall be submitted to the Review Board in advance according to the following procedures: Specific Plan Requirements. No improvements exceeding a cost of $5, shall be commenced, erected or maintained, nor shall any addition, change or alteration of any kind thereto be made, on any Lot, until: (a) plans and specifications prepared by an architect licensed under the laws of Louisiana or by a draftsman or drafting service

8 8 approved by the Review Board, showing the nature, kind, shape, height, materials, floor plans, elevations, exterior color schemes, locations, garage door and garage specifications, and the grading plan of the Lot and plans for landscaping the Lot on which the Improvements are to be erected shall have been submitted to and approved in writing by a majority vote of the Review Board and a copy thereof as finally approved lodged permanently with the Review Board; and (b) a complete list of all builders, contractors and subcontractors is submitted in writing by the Owner to the Review Board and approved. This provision shall not apply to the routine and regular repair of an existing structure or appurtenance Number of Plans. Two (2) sets of plans, including plot plan, must be submitted for Review Board approval. One set of plans shall be retained by the Review Board and signed for approval and one set of plans shall be returned to the Owner. The Owner shall submit a nonrefundable review fee as determined by the Board when submitting plans to the Review Board for approval as set forth in Section Construction for Less than $5, There shall be no requirement of formal plans or specifications; however, an informal rendering shall be presented to the Review Board, together with an itemization of the specifications, which shall be considered by the Review Board and approved or declined as submitted. The informal rendering shall be complied with in good faith by the lot owner and completed as shown on the informal rendering. 6.2 Scope of Review. The Review Board shall review the plans and specifications to ascertain that the Improvements will thoroughly comply with all of the restrictions and covenants set forth in this Declaration. In order to assure that location and size of Improvements will be harmonious, that the maximum amount of view will be available to each house, that the structures will be located with regard to the topography of each individual Lot, taking into consideration the location of other houses, large trees, common facilities and similar considerations, the Review Board shall have the absolute and sole right to control and decide the minimum square footage, precise site, location, and orientation of any house, dwelling or other structure upon all Lots; provided, however, that such location shall be determined only after reasonable opportunity afforded the Owner of the Lot to recommend a specific size and site. The criteria for approval by the Review Board is intended to be subjective and not objective and all criteria for approval or disapproval for proposed plans cannot be determined in advance of presentment. Each Owner hereby agrees to such subjective criteria for approval by the Review Board. 6.3 Standards for Review. The Review Board shall have the right to approve or disapprove any plans and specifications submitted to it in its sole and uncontrolled discretion, which approval or disapproval may be based upon any grounds, including purely aesthetic considerations. The Review Board may issue from time to time a manual containing guidelines for use by builders and Owners in the selection of concepts, design techniques and/or materials/finishes for construction within Country Club Crossing. These guidelines shall be utilized by the Review Board in its review of plans and specifications. However, notwithstanding anything contained herein or in any such manual of guidelines, the Review Board may in its discretion approve or disapprove any proposed

9 9 matter for any reason set forth in these covenants. 6.4 Finality of Decision. The decisions of the Review Board shall be in its sole discretion and shall be final, binding and non-appealable. 6.5 Review Time; Fees and Deposits. The Association, through the Review Board, will provide approval or disapproval of an Owner s plans within a reasonably timely manner provided the plans and specifications meet the requirements of these restrictive covenants, the Owner is in good standing with the Association and the necessary samples of the exterior paint colors, shingles and bricks are provided as required. In the event the Review Board fails to approve or disapprove within forty-five (45) days (after any matter, including plans and specifications have been submitted to it) approval shall be deemed given by the Review Board, however, all other provisions of this Declaration shall continue to apply. The Review Board may require an architectural review fee if necessary to cover the expense of reviewing plans and related data and to compensate any consulting architects, landscape architects, urban designers, inspectors, or attorneys retained to properly evaluate such submittals. Accordingly, the Owner shall reimburse the Association for those expenses up to a maximum of $ The Board shall have the right to increase or decrease said amount from time to time in its sole discretion based on its need for such outside consultants. The Review Board shall also require an initial new home construction deposit of $5, as security for compliance of the construction of improvements in accordance with plans approved by the Review Board, as otherwise set forth in these Restrictions. For construction, improvements, changes or alterations to an existing home, the Review Board shall determine the amount of the construction deposit, which shall not exceed $ Article 7 General Restrictions Applicable to Property The following restrictions on use shall apply equally to the Property and each Lot: 7.1 Residential Use Only. Lots shall be used for residential purposes only. No part of any Lot shall be used for apartment houses, group homes, offices, for the conduct in the home of occupations such as medical or other offices or shops of any kind. There shall be no raising of livestock such as cows, horses, pigs, sheep or rabbits or poultry of any kind. No school, church, assembly hall or group home of any kind (including without limitation any community home as defined in La.R.S.28:477) shall be built or permitted to be built on any Lot nor shall any Lot or existing structure be permitted to be used as such. 7.2 No Temporary Structures. No trailer, basement, shack, garage, barn or other outbuilding shall at any time be used as a residence, temporarily or permanently. Temporary structures are permitted only in connection with the construction of Improvements on the Property and must be removed within one hundred twenty (120) days from being placed on the Property. No residence may be occupied until it has been completed in accordance with approved plans and specifications. 7.3 Accessory Buildings. Gazebos, pigeonniers, pergolas and other detached structures should relate architecturally to the design of the residence in both form and material. Metal buildings are not allowed unless no part of the metal building is visible outside of

10 10 the Lot. Details and location of all detached structures must be submitted for approval with plans and must be approved by the Review Board. 7.4 Storage Sheds. Storage sheds must be attached to the residence or garage and shall be constructed of the same material as the residence. No prefab, freestanding structures shall be permitted unless no part of such structure is visible outside of the Lot. 7.5 Free of Debris. No Lot shall be used or maintained as dumping ground for rubbish, trash, garbage or other waste. All incinerators or other equipment for storage or disposal of such material shall be kept in clean and sanitary condition. Upon completion of a residence, all debris shall be removed from the Lot immediately. Garden compost may be kept in quantities required by one (1) household only, provided it is not visible from outside of the Lot and is kept free of noxious odors and insects. No building materials may be kept on site except in connection with the construction of Improvements approved by the Review Board. 7.6 Garbage Containers. Garbage containers shall not be visible outside the Lot from any direction except for the period 24 hours before and after the normal trash collections intervals. 7.7 Outdoor Lawn and Home Care. No commercial landscaping contractors, including mowing trimming, chain sawing, power washing, etc.) shall be allowed to perform services on Sundays or on any legal holiday. 7.8 Building Height and Garages. No dwelling shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family dwelling not to exceed two and one-half (2 1/2) stories in height, with a private garage for not more than four (4) cars, and other accessories incidental to residential use of the Lot, such as swimming pools, bathhouses, pavilions and/or gazebos. No cars may be routinely parked on street overnight. Any parking pad shall be screened from the street with landscaping. Private garages shall load from the front or side. If any part of a garage is located on the front one-half of a Lot, it must have an approved garage door. Houses constructed on corner lots shall include an attached or detached fully enclosed garage with a standard garage door. Detached servants' quarters or any other detached structure may be constructed only with the prior written approval of the Review Board, evidenced by majority vote thereof. In order to assure that location of houses will be harmonious, that the maximum amount of view will be available to each house, that the structures will be located with regard to the topography of each individual lot, taking into consideration the location of other houses, large trees, common facilities and similar considerations, the Review Board reserves unto itself, its successors and assigns, the right to control absolutely and solely to decide the precise site, location and orientation of any house, dwelling or other structure upon all residential building sites; provided, however, that such location shall be determined only after reasonable opportunity is afforded the lot owner to recommend a specific site, and provided, that in the event an agreed location is stipulated in writing in the contract of purchase, the Review Board shall approve automatically such location for a residence. 7.9 Exterior Materials. Any residence erected, placed or altered shall not be constructed

11 11 exteriorly of imitation brick, stone or aluminum/vinyl siding, and not more than forty percent (40%) of the exterior may be wood or similar building materials. All painted exteriors must have at least two (2) coats of paint. All planned painting of the exterior of any home shall be submitted to the Review Board with actual paint samples. This is required even if the homeowner plans to re-paint with the paint color(s) believed to be identical to the existing color(s) Roof and Flashing. No metal roofing shall be allowed except for decorative elements. No galvanized flashing, drip edges or valleys shall be allowed. All flashing and drip edges must be painted the color or the roof or be copper. Only shingle covered ridge vents will be allowed Outside Dishes, Etc. No outside lines, outside television antennas, satellite dishes, above ground improvements or hanging devices shall be allowed without the written consent of the Review Board Fireplace Material. Uncovered galvanized metal fireplace flues and chimneys are not permitted. Any metal chimney flue must be screened from view with brick or stucco. The top of the chimney must be covered with a chimney cap made of stucco, brick, copper or a dark galvanized metal. An exposed spark arrestor on a manufactured fireplace flue is not acceptable Windows. All windows facing any street must be wood or aluminum clad. The Review Board shall have the sole and absolute discretion to alter this requirement Doors. Solid wood panel doors shall be required on front elevations, corner elevations and pond elevations. Any design incorporated in such door must be approved by the Review Board Fences. No fence shall be erected on a Lot beyond the front building setback line of that Lot. All fencing material must be wood, brick, stucco or wrought iron, unless otherwise approved by the Review Board. Any fence erected parallel to an existing pond shall be located no closer than fifteen feet (15 ) from the water s edge, unless approved in advance the Review Board Driveways. The driveway shall be constructed of brick, stone or concrete. Asphalt and granular materials such as gravel, crushed stone or dirt are not permitted Roof Pitch. The minimum roof pitch shall be 7/12. A-1 roofing shingles must be Architectural Style Ceiling Height. All residences shall be constructed with at least eighty percent (80%) of the ceiling on the ground floor to be not less than nine feet (9 ) high No Garage Apartments. No garage apartments shall be built on any Lot Servitudes. Servitudes for installation, maintenance of utilities and drainage facilities are reserved as shown on the Final Plat Underground Utilities. This subdivision and all residences shall be served by

12 12 underground utilities only Minimum Square Footage. Residences built in the subdivision shall contain a minimum of 2,400 square feet of living space, exclusive of all porches, storerooms, garages and carports Window Treatments. After the initial three (3) months of occupancy, any temporary or disposable coverings not consistent with the aesthetics of Country Club Crossing, such as reflective materials, sheets, newspaper, shower curtains, fabric not sewn into finished curtains or draperies, paper, aluminum foil, plastic, cardboard, or other materials not expressly made for or commonly used by the general public for permanent window coverings in a development of the same caliber as Country Club Crossing, are expressly prohibited. Each Owner who violates this restriction agrees to pay the Association the sum of Ten and No/100 Dollars ($10.00) as liquidated damages, for each day the required window treatments or coverings remained uncompleted after notice from the Association to the Owner. The obligation to pay such a fine shall be a real obligation incidental to ownership of the Lot affected and the personal obligation of the Owner of the Lot at the time of each violation. If such a fine is not paid within thirty (30) days of the date notice thereof is given to the Owner or Owners responsible, then the fine shall bear interest and responsibility for cost and reasonable attorney s fees, and the Association may enforce payment thereof, all in the same manner as provided for in the case of non-payment of an Assessment set forth in Article Not Retroactive. No provision in sections 7.8 through section 7.23, shall have retroactive effect, and all such improvements in place on the date of recordation of these Declarations are hereby declared not in violation hereof, unless such Lot owner was in violation of the restrictions previously governing the subdivision, in which case, such Lot owner shall not have the right to claim such exemption from these restrictions. Article 8 Miscellaneous Provisions 8.1 Rental Restrictions and Exclusions. Owners of properties in the Country Club Crossing Subdivision may be allowed to rent or lease their property provided each of the following provisions are strictly followed: Each Owner shall provide notification to the Board of his/her intention to rent or lease their property at least two weeks prior to entering into any rental agreement or lease. Failure to notify the Board prior to signing of a rental or lease agreement will result in a penalty/assessment of $ payable directly to the Association by the Owner/Lessor on the first day of lease occupancy All lease arrangements must be approved in writing by the Board. Lease arrangements will be rejected at the sole discretion of the Board for reasons including, but not limited to, the following: Owner has any outstanding balance with the Association The home for rent does not have the required landscaping or window treatments as required by the Covenants.

13 Lease candidates have any criminal record Leases will be allowed, as long as all other requirements are met, for single family renters only. No more than two (2) unrelated persons may occupy a house that has been approved for rental by the Board Property Owners are fully responsible to insure that their tenants comply with these Restrictions. In order to insure protection for all property owners, any property owner that leases property shall pay to the Association a non-interest bearing deposit of $3, The deposit shall be held to insure compliance by the property owner and the tenant(s) with all Restrictions, and may be utilized by the Association to reimburse any costs incurred by the Association in enforcing compliance with the Restrictions. The deposit will be returned (less any assessments, fines or reimbursements) upon notice to the Board that the lease has been terminated. 8.2 Drainage. The Owner of a Lot is responsible for providing positive storm water drainage in the direction indicated in the drainage plan for Country Club Crossing on file with the Department of Public Work of East Baton Rouge Parish. Drainage may be surface and/or subsurface. An Owner shall not impede or modify the natural drainage flow of any Lot in any manner that will adversely affect other Owners. The Review Board or any other Owner shall have the right to bring legal action to enforce this restriction. 8.3 Completion of Improvements. The exterior construction of any building started on a Lot must be completed within six (6) months following the pouring of the foundation for that building. If such Improvements are not completed within the time period specified in this section, then the Owner shall remove the foundation from the Lot and restore the Lot to a clean and attractive appearance. 8.4 Fill to Lot. No Owner shall add fill to a Lot so as to adversely affect the drainage of any adjoining Lot or as to increase the cost of installing foundation footings on any adjacent Lot. 8.5 Variances. The Review Board at its discretion, has the right to approve any waivers or deviations from these Restrictions that it deems are appropriate. Further, written approval of the Committee must be obtained by an Owner for any waiver of the City/Parish Zoning Ordinance the Owners seeks to obtain; any waiver granted by the City/Parish without the prior approval of the Review Board must nevertheless receive Review Board approval. The Review Board shall have the right to enforce its rights contained herein by a suit for injunctive relief or by bringing other legal actions against an Owner to enforce these restrictions. 8.6 Combination of Lots. Subject to the approval of the Review Board, nothing in this Declaration shall prohibit an Owner of two adjoining Lots having frontage on the same street from erecting a residence on the two Lots, which shall be considered, for the purpose of this Declaration, as one Lot. 8.7 No Resubdivision. No Lot or Lots shall be sold except with the description as shown on the Final Plat. No Lot may be resubdivided.

14 Outside Lighting, Etc. With the exception of temporary seasonal decorations, outside lighting, outside music or sound producing devices, and any other mechanical devices shall be subject to the approval of the Review Board, and any standard adopted respecting any restrictions in this regard shall be final. 8.9 Landscaping. Landscaping shall be installed within thirty (30) days of completion of a residence. The front yard must be completely sodded with Centipede or equal, in default of which the Review Board may cause such work to be performed and may demand and sue for reimbursement for such costs and legal fees. Such amount shall be considered an Assessment and may be enforced in accordance with Article Mailboxes. All mailboxes must be of the same design, material and paint color as approved by the Review Board. Specifications, prices and place of purchase will be provided and must be approved by the Review Board before installation Parking of Mobile Homes, Motorboats, Vehicles and Commercial Vehicles. The keeping of a mobile home or trailer, either with or without wheels, on any Lot covered by this Declaration is prohibited. A motorboat, or other water borne vehicle, or recreational vehicle (RV) may be maintained, stored or kept on any Lot only if it is not visible from outside the Lot from any direction, and only if housed completely within a structure which has been approved by the Review Board or only if the location on the Lot has been approved by the Review Board in advance. There shall be allowed no overnight parking of school buses, 18-wheeler vehicles or any other type of commercial or work trucks of any kind in the driveway of any Lot or on the streets of Country Club Crossing. All vehicles belonging to Owners should be parked in the garage or driveway of that Owner in a manner as to not block or impede any portion of any sidewalk. There shall be allowed no routine parking of vehicles belonging to Owners or their visitors on the streets of Country Club Crossing. Owners or their visitors may park on the streets of Country Club Crossing for no more than nine (9) consecutive hours so long as said parking is not routine and is in the direction of traffic. Owners and their visitors who violate the parking requirements herein will be subject to having their vehicle towed at their expense on the first offense after written notification of non-compliance is placed on the vehicle in violation No Signs. No signs of any kind, except standard real estate signs, Review Board approved Private Property signs for lots with lake/pond access, typical security alarm signs, seasonal decorations or signs required by law to be posted, shall be displayed to the public view on or from any Lot without the prior consent of the Review Board or its agents No Noxious Activity. No noxious or offensive activity shall be carried on, nor shall anything be done which may be or become an annoyance or nuisance to the other Owners of Lots. No offensive or unlawful use shall be made of any Lot, the Common Area, nor any part thereof Compliance with Applicable Laws. All valid laws, zoning ordinances and regulations of all governmental bodies having applicable jurisdiction thereof shall be observed. The responsibility of meeting requirements of governmental bodies which require

15 15 maintenance or modification, are enforceable in the same way as the responsibility for the maintenance and repair of the property concerned Landscaped Areas. Nothing shall be altered or constructed in or removed from the Common Areas as shown on the Final Plat, except upon the written consent of the Review Board. There shall be no storage or obstructions placed or parking on any Common Area without the prior written consent of the Review Board Responsibility for Lots. Each Owner shall be responsible for the maintenance of all landscaping on his Lot, and for the maintenance of his Lot, residence and driveway in a clean and orderly fashion at all times, and the Owner shall be responsible for paying all costs of said maintenance and for any such repairs which may be necessary. Owners shall keep their Lot(s) mowed at all times and free from rubbish, trash, debris and noxious or unsightly weeds, in default of which the Board may cause such work to be performed and may demand and sue for reimbursement for such costs and reasonable attorney s fees. Any amounts incurred by the Association shall be considered an Assessment and enforced in accordance with Article Building Setbacks. Unless approved in advance by the Review Board (and provided that the placement on a Lot does not violate any zoning or subdivision ordinances or regulations), no residence, building or structure, or part thereof, of any kind shall be located nearer to the sideline of any Lot than eight feet (8 ), unless a greater distance is shown on the Final Plat, as shown on the official subdivision plat. Front and rear minimum building setback lines shall be in accordance with the official subdivision plat Pond Frontage. The Owners of Lots encompassing any part of a pond or having frontage on any pond as shown on the Final Plat shall be responsible for properly landscaping and maintaining such portion of the pond(s) and such frontage, including without limitation planting grass sod on the banks, mowing and keeping the banks free from weeds and the control of erosion. In default, the Board may cause such work to be performed and may demand and sue for reimbursement for such costs and reasonable attorneys fees. As set forth in the subdivision final plat, owners of any part of a pond or having frontage on any pond, own that portion of land covered by water. Those owners therefore have the authority to control, restrict or prohibit public access to those areas Pools, Spas and Hot Tubs. The design and location of pools. spas and hot tubs shall be subject to approval by the Review Board and shall be harmonious with the landscape and architecture design. Pool fences shall conform to applicable governmental requirements and the fencing requirements included in this Declaration. The Review Board will closely review the location and screening of equipment. No above-ground pools are allowed Clotheslines. Outside clotheslines or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed or maintained, nor shall any clothing, rug or other items be hung from any railing, fence, hedge or wall Skylights and Solar Collectors. Solar-collectors shall not be visible from any front elevation view of the home. Solar Collectors can only be installed in the rear of the home out of view of any Country Club Crossing lot owner. The Review Board must

16 16 approve all Solar collectors before any work begins. Skylights shall not be located on the front elevation of any building. Only flat skylights shall be allowed. Skylights must be properly located and clearly shown on plans (with details and dimensions) when submitted for approval and must be approved prior to installation Window Mounted Climate Control Units. Window mounted air-conditioning or heating units may used in non-living area spaces only, such as garages and must be installed in such a way that unit(s) are not visible from outside the Lot. A temporary exception is permitted during the period following an event resulting in widespread energy loss among the Lots and ending when such power is finally restored Concrete Trucks. Washing out of concrete trucks shall be on the Lot being poured and not on any other area. Failure to comply with this procedure shall be considered a violation of these Declaration and each Owner who violates, or whose contractor violates, this restriction agrees to pay the Association the sum of $ for each violation of this restriction as liquidated damages, however, this monetary damage provision shall not prohibit the Board or any Owner from seeking other relief, including injunctive relief, to enforce this restriction Sidewalks. Each Owner shall be required to maintain any sidewalk located on the Owner s Lot, using the same type of materials used in the original construction of the sidewalk. The style and location of sidewalks may not be modified or relocated without the written approval of the Review Board. In the event an Owner fails to maintain any sidewalk on that Owner s Lot within fifteen (15) days after receipt of written demand from the Association, the Association may have the required maintenance work completed and the Association shall have a servitude across any such Owner s Lot to complete the required work. The actual cost incurred by the Association in connection therewith shall be deemed to be an additional Assessment against the Lot, and the Owners thereof may be assessed, together with interest, fees and costs, the same as a regular Lot Assessment in the matter set out in Article Animals. No animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept by any Owner upon any portion of the Property, provided that generally recognized house pets may be kept, subject to rules and regulations adopted by the Association, and further provided that such pet or pets are kept or maintained solely as domestic pets and not for any commercial purpose. Domestic pets shall not roam freely, but must be leashed or detained by fences. Domestic pets shall not be of such kind or disposition, or kept in such numbers as to cause a nuisance of any type, including, without limitation, visual, audible, physical or smell. The determination under this paragraph as a nuisance is at the sole discretion of the Board and this determination shall be final Gardening. No Lot shall be used for gardening or farming purposes, except that flowers and shrubbery may be grown for non-commercial purposes and a non-commercial vegetable garden for use by a single household may be located on a Lot provided that it is not visible outside of the Lot Playground Equipment. Playground equipment and swing sets must be made of wood. No metal playground equipment and/or swing sets are permitted. All playground